Nishad vs State Of Kerala
2022 Latest Caselaw 5128 Ker

Citation : 2022 Latest Caselaw 5128 Ker
Judgement Date : 6 May, 2022

Kerala High Court

Nishad 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. 3328 OF 2022
PETITIONER/S:

            NISHAD
            AGED 38 YEARS
            S/O ASHARAF,
            PUTHENVEETTIL HOUSE, NEENDOOR, CHITTATTUKARA,
            NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683513

            BY ADV P.A.MUJEEB



RESPONDENT/S:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031


OTHER PRESENT:

            ADV VIPIN NARAYAN - SR P.P




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3328 OF 2022
                                2

                     P.V.KUNHIKRISHNAN, J
                   --------------------------------
                       B.A.No.3328 of 2022
                   -------------------------------
                Dated this the 6th day of May, 2022

                              ORDER

This Bail Application is filed under Section 439 of Criminal

Procedure Code.

2. The petitioner is one of the accused in crime

No.433/2022 of Central Police Station, Ernakulam. The above

case is registered against the petitioner and others alleging

offence punishable under Sections 394 of the IPC.

3. The prosecution case is that on 08.04.2022 at 5.30

am, while the defacto complainant was sitting at marine drive,

Ernakulam, after his morning walk, the accused person came

towards him and demanded money. It is alleged that the 2 nd

accused fisted the defacto complainant with hands on his back

and took away 50 rupees from his pocket. It is also alleged

that the 1st accused snatched away his mobile phone and the

3rd accused intimidated him and caused injury with a blade and

demanded Rs.25000/-. Thus the accused committed the above BAIL APPL. NO. 3328 OF 2022

offences. The petitioner was arrested on 08.04.2022.

4. Heard counsel for the petitioner and the Public

Prosecutor. The counsel for the petitioner submitted that the

petitioner is in custody from 08.04.2022. The Counsel

submitted that there is no criminal antecedents to the

petitioner. The Counsel submitted that the petitioner is ready

to abide any conditions if this Court grants him bail. The Public

Prosecutor seriously opposed the bail application. The Public

Prosecutor submitted that the petitioner committed serious

offences. It is true that the allegations against the petitioners

are very serious. But the petitioner is in custody from

08.04.2022. No criminal antecedents is alleged against the

petitioner. The petitioner can be released on bail on condition

that the petitioner will appear before the Investigating Officer.

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 BAIL APPL. NO. 3328 OF 2022

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.

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 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 BAIL APPL. NO. 3328 OF 2022

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 an offence