Unnikrishnan vs State Of Kerala
2023 Latest Caselaw 7686 Ker

             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. 8113 OF 2022
  CRIME NO.766/2022 OF TOWN NORTH POLICE STATION, PALAKKAD


PETITIONER/ACCUSED:

             UNNIKRISHNAN, S/O.SIVAN
             AGED 35 YEARS
             CHENGOD, KODUNTHIRAPPULLY, PALAKKAD, PIN - 678006
             BY ADVS.
             T.K.SANDEEP
             VEENA HARIKUMAR
             SWETHA R.


RESPONDENT/COMPLAINANT & STATE:

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


OTHER PRESENT:

             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.No.8113/2022                        2




                  P. V. KUNHIKRISHNAN, J.
               -------------------------------------------
               Bail Application No.8113 of 2022
               -------------------------------------------
              Dated this the 14th day of July, 2023

                                ORDER

Petitioner is the accused in Crime No.766/2022 of Town North

Police Station, Palakkad. The above case is registered against the

petitioner alleging offence punishable under Section 436 of the

Indian Penal Code.

2. The prosecution case is that the petitioner set fire to his

own house on 12.08.2022 at 9.10p.m. It is alleged that, there was

enmity towards his father.

3. Heard learned counsel for the petitioner and the learned

Public Prosecutor.

4. When this bail application came up for consideration on

17.11.2022. this Court directed the police not to arrest the petitioner.

That order is in force even now. The learned Public Prosecutor

submitted that the investigation of the case is not over. If that is the

case, the petitioner can be directed to appear before the Investigating

Officer and the Investigating Officer can interrogate the petitioner

and if the arrest is necessary, there can be a direction to release the

petitioner on bail. It is seen that the allegation against the petitioner

is very serious. But since the bail application is pending before this

Court from 2022 onwards, it will be an injustice to dismiss the bail

application at this stage.

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 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. Petitioner shall appear before the Investigating Officer on all Mondays at 10 a.m. till final report is filed.

7. 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. 8113/2022

PETITIONER ANNEXURES Annexure I TRUE COPY OF THE FIRINCRIMENO.766/2022 REGISTERED BY THE TOWN NORTH POLICE STATION, PALAKKAD Annexure II TRUE COPYOF THEORDER IN CRL.M.C.NO.

2903/2022 BEFORE THE HON'BLE SESSIONSCOURT,PALAKKAD DIVISION DATED 20.09.2022 Annexure - III ORIGINAL AFFIDAVIT SWORN IN BY VIJAYAM W/O SIVAN DATED 02.11.2022