Kerala High Court
Rahmatullah vs Union Territory Of Lakshadweep on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
BAIL APPL. NO. 1090 OF 2023
CRIME NO.2/2023 OF KADAMAT ISLAND POLICE STATION, LAKSHADWEEP
PETITIONERS/ACCUSED 1/ACCUSED 2:
1 RAHMATULLAH, S/O. KOYAMMA KANJARAKKAKADA (H),
KADAMAT KADAMAT ISLAND, PIN - 682556
2 CHERIYAKOYA, S/O. KUNHI PATHUMMATHADA (H), KADAMAT
KADAMAT ISLAND, PIN - 682556
BY ADVS.
AASHIQUE AKTHAR HAJJIGOTHI
P.M.MOHAMMED SALIH
AMINA AKTHAR
NAJAH EBRAHIM V.P.
RESPONDENT/COMPLAINANT:
UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA, PIN - 682032
BY ADV SAJITH KUMAR V.
OTHER PRESENT:
SMT. MAYA M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.07.2023 ALONG WITH BA 1056/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Bail Application Nos.1056/2023 and 1090/2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
BAIL APPL. NO. 1056 OF 2023
CRIME NO.3 OF 2023 OF KADAMAT ISLAND POLICE STATION,
LAKSHADWEEP
PETITIONERS/ACCUSED 1/ACCUSED 2:
1 RAHMATULLAH, S/O. KOYAMMA KANJARAKKAKADA (H),
KADAMAT, KADAMAT ISLAND, PIN - 682556
2 CHERIYAKOYA, S/O. KUNHI PATHUMMATHADA (H),
KADAMAT KADAMAT ISLAND, PIN - 682556
BY ADVS.
AASHIQUE AKTHAR HAJJIGOTHI
P.M.MOHAMMED SALIH
AMINA AKTHAR
NAJAH EBRAHIM V.P.
RESPONDENT/COMPLAINANT:
UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT
OF KERALA, PIN - 682557
BY ADV SAJITH KUMAR V.
OTHER PRESENT:
SMT. MAYA M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.07.2023 ALONG WITH BA 1090/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Bail Application Nos.1056/2023 and 1090/2023 3
P. V. KUNHIKRISHNAN, J.
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Bail Application Nos.1056 and 1090 of 2023
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Dated this the 26th day of July, 2023
ORDER
Petitioners in these bail applications are the same and they are
accused in Crime No.2/2023 and Crime No.3/2023 of Kadamat
Island Police Station. Crime No.2/2023 is registered alleging
offences punishable under sections 452, 294(b), 506, 380 r/w 34 of
the Indian Penal Code. Crime No.3/2023 is registered alleging
offences punishable under sections 457 and 380 of the Indian Penal
Code. The prosecution case is that the accused trespassed to the
south branch of Kadamat Co-operative Supply and Marketing
Society, restrained the workers and committed theft.
2. Heard learned counsel for the petitioners and the learned
Standing Counsel for the respondent.
3. Learned counsel for the petitioners reiterated the
contentions raised in these applications. Learned Standing Counsel
appearing for the respondent seriously opposed the bail applications
and submitted that, several cases are pending against the petitioners
and that the petitioners have got criminal antecedents. Learned
Bail Application Nos.1056/2023 and 1090/2023 4
Public Prosecutor also submitted that the custodial interrogation of
the petitioners are necessary.
4. When these bail applications came up for consideration
on 20.02.2023, this Court passed the following order:
'Adv.Sri.V.Sajithkumar, learned Standing Counsel
for Union Territory of Lakshadweep, represents the
prosecution seeks time to get instructions.
Post on 27.2.2023. In the meantime, if the
petitioners will be arrested, they shall be enlarged on
interim bail, on their executing bond for Rs.20,000/-
(Rupees Twenty Thousand only) each by themselves and
with two solvent sureties each for the like amount. The
interim order shall be in force till 27.2.2023 and not
thereafter, unless not specifically extended.'
5. That order is in force even now. Since the allegations
against the petitioners are serious, these bail applications need not
be retained here indefinitely. Since there is an interim order passed
by this Court on 20.02.2023, there can be a direction to the
petitioners to surrender before the Investigating Officer within a
time frame so that the Investigating Officer can interrogate the
petitioners. The Investigating Officer is also free to recover the
material objects, if any, at the time of interrogation. The petitioners
Bail Application Nos.1056/2023 and 1090/2023 5
can be released on bail on stringent conditions. The petitioners are
directed to appear before the Investigating Officer on all Mondays at
10a.m till final report is filed. I also make it clear that, if the
petitioners are involved in any similar offence, Investigating Officer
is free to file petition before the jurisdictional court and the
jurisdictional court is free to pass appropriate orders cancelling the
bail.
6. 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.
7. Considering the dictum laid down in the above decision and
considering the facts and circumstances of this case, this Bail
Applications are allowed with the following directions:
1. Petitioners shall appear before the
Investigating Officer within two weeks from today and
shall undergo interrogation;
Bail Application Nos.1056/2023 and 1090/2023 6
2. After interrogation, if the Investigating Officer
proposes to arrest the petitioners, they shall be released on
bail on executing a bond for a sum of Rs.50,000/-(Rupees
Fifty Thousand only) each with two solvent sureties each
for the like sum to the satisfaction of the officer concerned;
3. Petitioners shall appear before the
Investigating Officer on all Mondays at 10 a.m. till final
report is filed.
4. The petitioners 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;
5. Petitioners shall not leave India without
permission of the jurisdictional Court;
6. Petitioners shall not commit an offence
similar to the offence of which they are accused, or
suspected, of the commission of which they are suspected;
7. If any of the above conditions are violated by
the petitioners, 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/
Bail Application Nos.1056/2023 and 1090/2023 7
APPENDIX OF BAIL APPL. 1090/2023
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE FIR IN CRIME NO: 0002
OF 2023 OF KADAMAT ISLAND POLICE
STATION,LAKSHADWEEP
APPENDIX OF BAIL APPL. 1056/2023
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE FIR IN CRIME NO: 0003
OF 2023 OF KADAMAT ISLAND POLICE
STATION,LAKSHADWEEP
