[email protected] vs State Of Kerala
2022 Latest Caselaw 5129 Ker

Citation : 2022 Latest Caselaw 5129 Ker
Judgement Date : 6 May, 2022

Kerala High Court

[email protected] 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. 3307 OF 2022
PETITIONER/S:

            [email protected]
            AGED 42 YEARS
            S/O RAJAYYAN, RESIDING AT KUNJUVEETTUVILA VEEDU,
            POZHIYOOR, KARODE VILLAGE, NEYYETTINKARA TALUK,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695506

            BY ADVS.
            J.R.PREM NAVAZ
            ANSAR K.C.



RESPONDENT/S:

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

            BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

            ADV 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:
 BAIL APPL. NO. 3307 OF 2022
                                   2

                     P.V.KUNHIKRISHNAN, J
                   --------------------------------
                       B.A.No.3307 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 the 2nd accused in crime

No.369/2022 of Pozhiyoor Police Station. The above case is

registered against the petitioner alleging offences punishable

under Section 341, 294(b), 323, 326, 308 and 427 of the IPC.

3. The prosecution case is that the accused in furtherance of

their common intention to voluntarily cause hurt and also with

an intention to commit culpable homicide not amounting to

murder, had on 12.04.2022 at 5 pm, blocked the defacto

complainant and wrongfully restrained him. Thereafter the first

accused asked the defacto complainant for an amount of

Rs.1000/-. The defacto complainant refused to give the

amount. Thereafter the first accused hurled abuses and by BAIL APPL. NO. 3307 OF 2022

using a rod, beat him. It is alleged that the defacto

complainant sustained fracture on lower jaw. It is alleged that

the second accused hit and kicked on his back and abdomen.

4. Heard counsel for the petitioner and the Public

Prosecutor. The counsel for the petitioner submitted that the

petitioner is the 2nd accused and there is no serious allegations

against the petitioner. The Counsel submitted that even

according to the Prosecution, the 1 st accused used weapon and

the petitioner has not used any weapons. The Counsel for the

petitioner also submitted that the petitioner is in custody from

15.04.2022. The Public Prosecutor seriously opposed the bail

application. The Public Prosecutor submitted that serious

offences are committed by the petitioner. But the petitioner is

in custody from 15.04.2022. The main overt acts are alleged

against the 1st accused. Even as per the Prosecution, the

petitioner has not used any weapon. Considering the facts and

circumstances of the case I think, the petitioner can be

released on bail on stringent conditions. BAIL APPL. NO. 3307 OF 2022

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 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 BAIL APPL. NO. 3307 OF 2022

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