Kerala High Court
Shanavas vs State Of Kerala on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
BAIL APPL. NO. 8036 OF 2022
CRIME NO.500 OF 2022 OF THAMARASSERY POLICE STATION
PETITIONER/ACCUSED NO.1:
SHANAVAS, AGED 30 YEARS, S/O.ABDUL KHADAR
KUNNUMMAL, PAYYANAD P.O., MALAPPURAM DISTRICT, PIN
- 676122
BY ADV C.K.SREEJITH
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 MANAGER, KSFE, ATRIUM MALL, KAKAVAYAL ROAD, NEAR
BUS STAND, PUDUPPADI P.O., ENGAPUZHA BRANCH,
CALICUT, PIN - 673586
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI. SALIL NARAYANAN K.A.,
SC, SMT. MAYA M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.8036/2022 2
P. V. KUNHIKRISHNAN, J.
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Bail Application No.8036 of 2022
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Dated this the 14th day of July, 2023
ORDER
Petitioner is the accused in Crime No.500/2022 of
Thamarassery Police Station. The above case is registered against
the petitioner and others alleging offences punishable under Sections
471, 465, 468, 420 r/w 34 of the IPC. When this bail application
came up for consideration along with some other applications, this
Court passed an order on 14.12.2022, which is extracted herebelow.
'Petitioner in B.A.No.7868 of 2022 is the 1st accused
in Crime No.492 of 2022, petitioner in B.A.No.7869 of
2022 is the 1st accused in Crime No.501 of 2022,
petitioners in B.A.No.7881 of 2022 are accused Nos.1 and 2
in Crime No.497 of 2022, petitioner in B.A.No.7883 of
2022 is the 2nd accused in Crime No.495 of 2022,
petitioner in B.A.No.7888 of 2022 is the 1st accused in
Crime No.493 of 2022, petitioners in B.A.No.7905 of 2022
are accused Nos.1 and 2 in Crime No.496 of 2022 and
petitioner in B.A.No.8036 of 2022 is the 1st accused in
Crime No.500 of 2022, of Thamarassery Police Station,
Kozhikode registered alleging commission of offences
punishable under Sections 471, 465, 468 and 420 read with
Section 34 of the Indian Penal Code.
2. The case of the petitioners is that they have been
falsely implicated in the abovesaid crimes. Petitioners
submit that they are ready and willing to co-operate with
the investigation. B.A. Nos.7868, 7869, 7881, 7883, 7888,
7905 & 8036 of 2022 2
3. Heard the learned Public Prosecutor.
4. Considering the facts and circumstances of the
cases, there will be a direction to the petitioners in all these
bail applications to appear before the investigating officer
in Crime Nos.492 of 2022, 501 of 2022, 497 of 2022, 495
of 2022, 493 of 2022, 496 of 2022 and 500 of 2022 of
Thamarassery Police Station , Kozhikode on 17.12.2022 at
11.00 a.m. and shall make themselves available for
interrogation on that day or on any other day/days and
time as directed by the investigating officer. The
petitioners shall co-operate with the investigation.
In B.A.No.7869 of 2022 there will be an interim
order 'not to arrest' and the interim order 'not to arrest'
granted earlier in all other cases shall continue.
Learned Public Prosecutor to get a report in the
matter.
Post on 22.12.2022.'
2. Today, when the bail application came up for
consideration, learned Public Prosecutor submitted that handwriting
sample of the petitioner is necessary and therefore an interrogation
is inevitable. If that is the case, the petitioner can be directed to
surrender before the Investigating Officer. There can be a direction
to release the petitioner on bail after interrogation.
3. 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.
4. 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 appear before the Investigating
Officer within ten days from today and shall undergo
interrogation;
2. After interrogation, if the Investigating Officer
proposes to arrest the petitioner, he shall be released on bail
on executing a bond for a sum of Rs.50,000/-(Rupees Fifty
Thousand only) with two solvent sureties each for the like
sum to the satisfaction of the officer concerned;
3. 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
them from disclosing such facts to the Court or to any police
officer;
4. Petitioner shall not leave India without permission of
the jurisdictional Court;
5. 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;
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.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
APPENDIX OF BAIL APPL. 8036/2022
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
500/2022 ON THE FILE OF THAMARASSERY
POLICE STATION
Annexure A2 THE TRUE COPY OF THE REMAND REPORT OF
MR. SHAJAHAN
Annexure A3 THE TRUE COPY OF THE ORDER IN B.A. NO.
7391/2022 ON THE FILE OF THIS HON'BLE
HIGH COURT OF KERALA DT. 23/9/2022
