Rahul.A vs State Of Kerala
2023 Latest Caselaw 8109 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945
                 BAIL APPL. NO. 2855 OF 2023


PETITIONER/ACCUSESD NO.4:

          RAHUL.A,
          AGED 22 YEARS
          S/O RAJEEVAN , RESIDING AT MUNDACHALI HOUSE,
          CHAKKAPARA P.O, AZHEEKODE,
          KANNUR DISTRICT,PIN 670009
          BY ADVS.
          J.ABHILASH
          VIMAL BHASKAR

RESPONDENT/COMPLAINANT:

          STATE OF KERALA,
          REPRESENTED BY SUB INSPECTOR OF POLICE,
          VALAPATTANAM POLICE STATION,
          KANNUR DISTRICT ,THROUGH PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:

          SMT. MAYA M.N., PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.2855/2023

                                      2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                         B.A.No.2855 of 2023
                ----------------------------------------------
                Dated this the 31st day of July, 2023


                                 ORDER

This Bail Application is filed under Section 438 of

Criminal Procedure Code (Cr.P.C.)

2. Petitioner is the accused in Crime No.132/2023 of

Valappatanam Police Station. The case is registered against

the petitioner and others alleging offences punishable under

Sections 143, 147, 148, 341, 323, 324, 326, 308, 508(ii) read

with Section 149 IPC.

3. The prosecution case is that on 04.02.2023 at about

10:45 pm, the accused NoS. 1 to 5, formed themselves into an

unlawful assembly, armed with dangerous weapons like sword,

iron pipes etc and physically assaulted the Defacto

complainant and his friend near Chirakkal Kadalayi temple

causing serious injuries to the defacto complainant. Hence it is

alleged that the accused committed the offence. B.A.No.2855/2023

4. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

5. The counsel for the petitioner submitted that the

petitioner is not involved in this case and no over-tact is

attributed to the petitioner. The Public Prosecutor submitted

that the other accused were already arrested and released and

the recovery is already effected. If that be the case, the bail

application can be allowed directing the petitioner to

surrender before the Investigating Officer.

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 Application is allowed with the following B.A.No.2855/2023

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) each

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.

B.A.No.2855/2023

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
JV                                              JUDGE
 B.A.No.2855/2023





               APPENDIX OF BAIL APPL. 2855/2023

PETITIONER ANNEXURES
Annexure A1       TRUE COPY OF THE F.I.R IN CRIME NO.
                  132/2023 OF VALAPATTANAM POLICE
                  STATION KANNUR DATED 05/02/2023