Sidhik vs State Of Kerala
2022 Latest Caselaw 5127 Ker

Citation : 2022 Latest Caselaw 5127 Ker
Judgement Date : 6 May, 2022

Kerala High Court

Sidhik 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. 3374 OF 2022
PETITIONER/S:

            SIDHIK
            AGED 26 YEARS
            THOTTARIKATH VEEDU,
            NEAR POTTANKAVU NELLIKKADU SREE DHARMASASTHA TEMPLE
            KATTAKKADA, THIRUVANANTHAPURAM - 695 572
            , PIN - 695572

            BY ADVS.
            S.KRISHNA
            GOVIND R.



RESPONDENT/S:

     1      STATE OF KERALA
            REP. BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA
            ERNAKULAM - 682 031
            , PIN - 682031

     2      STATION HOUSE OFFICER
            VALIATHURA POLICE STATION, THIRUVANANTHAPURAM CITY, PIN -
            695008



            SMT SREEJA V - SR P.P.


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.05.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No..3374 of 2022
                                  2

                      P.V.KUNHIKRISHNAN, J
                   --------------------------------
                       B.A.No..3374 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.254/2022

of Valiyathura Police Station. The above case is registered against

the petitioner alleging offences punishable under Sections 294(b),

506, 364, 307 r/w 34 the IPC. Section 27 of the Arms Act is also

alleged.

3. The prosecution case is that on 17.03.2022, about

4 pm, the accused in furtherance of their common intention, came

in a car and hit their bike and attempted to commit murder of the

friend of the informant. It is also alleged that the accused

abducted the friend of the informant in the car. It is also alleged

that when the informant tried to intervene, the accused B.A.No..3374 of 2022

criminally intimidated him by brandishing a sword. Hence it is

alleged that the accused committed the above said offences.

4. Heard counsel for the petitioner and the Public

Prosecutor. The Counsel for the petitioner submitted that the

petitioner is under custody from 21.03.2022 onwards. The Counsel

also submitted that the petitioner is only the 4 th accused and the

main overt acts are against the other accused. The Counsel

submitted that the petitioner is ready to abide any condition if this

Court grant him bail. The Public Prosecutor seriously opposed the

grant of bail application. Public Prosecutor submitted that the

petitioner committed serious offence. It is true that the allegations

against the petitioner is very serious. But the petitioner is in

custody from 21.03.2022 onwards. Indefinite incarceration of the

petitioner is not necessary in the facts and circumstances of the

case. There can be a direction to the petitioner to appear before

the Investigating Officer till final report is filed.

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 B.A.No..3374 of 2022

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 inasmuch 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. Hence, this Bail Application is

allowed in the following manner:-

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 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 B.A.No..3374 of 2022

person acquainted with the facts of the case so as

to dissuade him 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 any offence

similar to the offence of which they are accused or