Kerala High Court
Vishnu Kumar vs State Of Kerala on 6 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
BAIL APPL. NO. 3478 OF 2022
CRIME NO.131/2022 OF Harippad Police Station, Alappuzha
PETITIONER:
VISHNU KUMAR
AGED 29 YEARS
S/O KUMAR, KATTUR KIZHAKKATHIL, PUTHANPALLY,
THEKKUMURI, KUMARAPURAM, ALAPUZHA, PIN - 690548
BY ADVS.
P.SREEKUMAR
ASWIN KUMAR M J
RENOY VINCENT
ARUN ROY
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI.VIPIN NARAYAN, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3478 OF 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A. No.3478 of 2022
-------------------------------
Dated this the 6th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of
Criminal Procedure Code.
2. Petitioner is the 4th accused in Crime No.131 of 2022
of the Harippad Police Station. The above case is registered
against the petitioner and others alleging offences
punishable under Section 143, 147, 148, 341, 506, 294(b),
324, 307, 302 read with Section 149 of the Indian Penal
Code. The petitioner was arrested on 17.02.2022.
3. The prosecution case is that on 16.02.2022 at 11.30
pm, accused Nos.1 to 7 with their common object to attack
one Manoj formed themselves into an unlawful assembly
with dangerous weapons. It is alleged that the 1 st accused
attacked the de-facto complainant with a knife and inflicted
a deep wound on his left hand. The 2nd accused caught hold
BAIL APPL. NO. 3478 OF 2022
of the complainant's friend Sarath and the 1 st accused
stabbed him on the left side of his stomach with a knife.
The petitioner herein and the 2nd accused wrongfully
restrained the de-facto complainant's friends Kiran and
Arun and slapped on their face and kicked them. It is also
alleged that the 6th accused hit Kiran and Arun. The 9 th
accused slapped, kicked and abused complainant's friend
Rejilal. The 3rd accused restrained de-facto complainant's
friend Rajaneesh and hit on his head with a dangerous
weapon and the 2nd accused kicked Rajaneesh. It is also
alleged that the 1st accused kicked Rajaneesh on the back
and thigh and the petitioner herein hit Rajaneesh on
eyebrow with hands. There are other overt acts also alleged
against the other accused. It is alleged that the 1 st accused
stabbed the de-facto complainant on his chest using a knife
and when the de-facto complainant evaded the attack, the
knife pierced the de-facto complainant's left forearm. At
that time, the deceased ran towards south and accused
BAIL APPL. NO. 3478 OF 2022
Nos.1 and 2 chased him. It is alleged that the 2 nd accused
caught hold of the deceased and the 1st accused stabbed
on the left side of his stomach. The injured Sarath
Chandran, while undergoing treatment at Medical College
Hospital, Vandanam, succumbed to the injuries. Hence it is
alleged that the accused committed offence.
4. Heard counsel for the petitioner and the Public
Prosecutor. The counsel for the petitioner submitted that
even if the entire allegations are accepted, there is no
serious allegation against the petitioner. The counsel for
the petitioner submitted that even according to the
prosecution, the petitioner has not used any weapon and
there is no specific overt act alleged against the petitioner.
It is also alleged that it was not a pre-planned attempt or
attack, but the incident was occurred in a get-together
function. The counsel for the petitioner also submitted that
as per Annexure A3 order, accused Nos.5, 7, 8 and 9 are
already released on bail. The counsel for the petitioner
BAIL APPL. NO. 3478 OF 2022
submitted that the petitioner is in custody from 17.02.2022
onwards. The Public Prosecutor seriously opposed the bail
application. The Public Prosecutor submitted that the
petitioner is actively involved in this case. The Public
Prosecutor also submitted that the petitioner is accused in
another crime also. The Public Prosecutor further submitted
that the petitioner may not be released on bail. It is true
that the allegations against the petitioner are very serious.
But the petitioner is in custody from 17.02.2022. I carefully
perused the prosecution case. There is no case to the
prosecution that the petitioner used any dangerous
weapon. Moreover, as per Annexure A3 order, accused
Nos.5, 7, 8 and 9 were already released on bail. This Court
in Annexure A3 order, which was dated 26.04.2022, stated
that the investigation seems to have reached a fair stage.
This Court also observed that the main allegation is against
accused Nos.1 and 2. In the light of the same, there is no
justification in denying bail to the petitioner. Therefore, this
BAIL APPL. NO. 3478 OF 2022
bail application can be allowed on stringent conditions.
5. Moreover, it is a well accepted principle that the
bail is the rule and the jail is the exception. The Hon'ble
Supreme Court in Chidambaram. P v Directorate of
Enforcement (2019 (16) SCALE 870), after considering
all the earlier judgments, observed that, the basic
jurisprudence relating to bail remains the same in as much
as the grant of bail is the rule and refusal is the exception
so as to ensure that the accused has the opportunity of
securing fair trial.
6. Considering the dictum laid down in the above
decision and considering the facts and circumstances of
this case, this Bail Application is allowed with the following
directions:
1. Petitioner shall be released on bail
on executing a bond for Rs.50,000/-
(Rupees Fifty Thousand only) with two
solvent sureties each for the like sum to
BAIL APPL. NO. 3478 OF 2022
the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before
the Investigating Officer for interrogation
as and when required. The petitioner shall
co-operate with the investigation and shall
not, directly or indirectly make any
inducement, threat or promise to any
person acquainted with the facts of the
case so as to dissuade him/her from
disclosing such facts to the Court or to any
police officer.
3. Petitioner shall not leave India
without permission of the jurisdictional
Court.
4. Petitioner shall not commit an
offence similar to the offence of which he is
accused, or suspected, of the commission
of which he is suspected.
BAIL APPL. NO. 3478 OF 2022
5. Petitioner shall appear before the
Investigating Officer between 10 am and
11 am on every Saturdays till final report is
filed.
6. If any of the above conditions are
violated by the petitioner, the jurisdictional
Court can cancel the bail in accordance to
law, even though the bail is granted by this
Court. The prosecution and the victim are
at liberty to approach the jurisdictional
court to cancel the bail, if there is any
violation of the above conditions.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
np
BAIL APPL. NO. 3478 OF 2022
APPENDIX OF BAIL APPL. 3478/2022
PETITIONER'S ANNEXURES:
Annexure A1 TRUE COPY OF THE FIR DATED 17/02/2022 IN
CRIME NO. 131/2022 OF HARIPAD POLICE
STATION ALONG WITH THE FIS STATEMENT OF
THE DE-FACTO COMPLAINANT
Annexure A2 THE TRUE COPY OF THE ORDER DATED
13/04/2022 BY SESSIONS COURT, ALAPPUZHA IN
CMP. NO. 131 OF 2022.
Annexure A3 TRUE COPY OF THE ORDER DATED 26/04/2022 IN
BAIL APPLICATION NO. 2557 OF 2022 OF THE
HON'BLE HIGH COURT
RESPONDENT'S ANNEXURES: NIL
