Noufeeq vs State Of Kerala
2023 Latest Caselaw 6851 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                 BAIL APPL. NO. 2111 OF 2023
MC 75/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V,
           THIRUVANANTHAPURAM / II ADDITIONAL MACT


PETITIONERS:

    1     NOUFEEQ
          AGED 20 YEARS,S/O NAZARUDHEEN,
          FINAL YEAR BBA STUDENT, KICMA COLLEGE,
          NEYAR DAM, RESIDING AT N.S MANZIL, MUTHALI,
          KILLY, KALLODU P O, KULATHUMMAL,
          THIRUVANANTHAPURAM, PIN - 695571
    2     AFIN N
          AGED 20 YEARS, S/O NAZEER,
          FINAL YEAR BBA STUDENT, KICMA COLLEGE,
          NEYYAR DAM, RESIDING AT AFIA MANZIL, S N NAGAR,
          KATTAKKADA P O, THIRUVANANTHAPURAM, PIN - 695543
          BY ADVS.THOMAS ABRAHAM
          MERCIAMMA MATHEW
          ASWIN.P.JOHN
          R.ANANTHAPADMANABAN
          PAUL BABY

RESPONDENTS/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     STATION HOUSE OFFICER
          NEYYAR DAM POLICE STATION
          THIRUVANANTHAPURAM RURAL,
          THIRUVANANTHAPURAM, PIN - 695572
OTHER PRESENT:

          SRI.B.S.SYAMANTAK, PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.2111/2023

                                  2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                      B.A.No.2111 of 2023
             ----------------------------------------------
            Dated this the 22nd day of June, 2023


                              ORDER

This Bail Application is filed under Section 438 of

Criminal Procedure Code (Cr.P.C.)

2. Petitioners are the accused in Crime No.778/2022

of Neyyar Dam Police Station, Thiruvananthapuram. The

above case is registered against the petitioners alleging

offences punishable under Sections 323, 324, 326 and 307

read with Section 34 IPC.

3. The prosecution case is that, on 25.11.2022 at 2.30

pm, the accused out of animosity towards the son of the

defacto complainant and with the intention of committing

murder, instigated the other accused to do away with the son

of the defacto complainant and therefore attacked him with

dangerous weapon, which resulted in fracture on the nose and

internal abdominal bleeding. Hence it is alleged that the

accused committed the offences.

4. Heard the learned counsel for the petitioners and B.A.No.2111/2023

the learned Public Prosecutor.

5. The counsel for the petitioners submitted that the

incident is not happened as alleged by the prosecution. The

counsel also submitted that a counter case is also registered.

The counsel submitted that the Police refused to register the

case based on the complaint from the petitioners and hence a

private complaint was filed and it was forwarded to the Police

and now, a counter case is also filed. It is also submitted that

the 1st petitioner also sustained serious injuries in the

incident. The Public Prosecutor opposed the bail application

and submitted that the presence of the petitioners are

necessary for completing the investigation. The Pubic

Prosecutor also submitted that the victims sustained serious

injuries including fracture.

6. This Court considered the contentions of the

petitioners and the Public Prosecutor. This bail application is

pending before this Court from 07.03.2023 onwards. There is

no interim order passed in this case. Even then the Police

have not arrested the petitioners. Admittedly there is a case

and counter case registered against both parties. Who is

aggressor is to be decided after investigation. The petitioners B.A.No.2111/2023

are students. It is true that the allegation against the

petitioners are very serious. But, considering the facts and

circumstances of the case, I think this bail application can be

allowed on stringent conditions.

7. 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.

8. 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. Petitioners shall appear before the Investigating

Officer within ten days from today and shall

undergo interrogation.

2. After interrogation, if the Investigating Officer B.A.No.2111/2023

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 for interrogation as and when required.

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;

4. Petitioners shall not leave India without

permission of the jurisdictional Court;

5. 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;

6. The petitioners shall appear before the B.A.No.2111/2023

Investigating Officer on all Saturdays at 11 am,

till final report is filed.

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
JV                                                JUDGE
 B.A.No.2111/2023





               APPENDIX OF BAIL APPL. 2111/2023

PETITIONER ANNEXURES
ANNEXURE 1        THE TRUE COPY OF THE FIR NO. 778 OF
                  2022 OF NEYYAR DAM POLICE STATION
ANNEXURE 2        THE TRUE COPY OF THE MEDICAL REPORT

DATED 25.11.22 PREPARED BY THE MEDICAL OFFICER IN CHARGE.

ANNEXURE 3 THE TRUE COPY OF THE ACCIDENT CUM WOUND CERTIFICATE DATED 25.11.22 PREPARED BY THE MEDICAL OFFICER IN CHARGE ANNEXURE 4 THE TRUE COPY OF FIR NO. 147 OF 2023 OF NEYYAR DAM POLICE STATION ANNEXURE 5 THE TRUE COPY OF THE ORDER DATED 6.1.2023 IN BAIL APPLICATION NO. 9930 OF 2022 ANNEXURE 6 THE TRUE COPY OF THE INTERIM ORDER DATED 8.12.22.

ANNEXURE 7 THE CERTIFIED COPY OF THE ORDER DATED 13-01-2023 IN CR. MC NO 75 OF 2023 BEFORE THE ADDITIONAL SESSIONS JUDGE VI, THIRUVANANTHAPURAM ANNEXURE 8 THE TRUE COPY OF THE STATEMENT DATED 8.1.2023 SUBMITTED BY THE INSPECTOR OF POLICE, NEYYAR DAM POLICE STATION BEFORE THE SESSIONS COURT, THIRUVANANTHAPURAM