Kerala High Court
K. Sreerag vs State Of Kerala on 8 April, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
BAIL APPL. NO. 2678 OF 2024
CRIME NO.58/2024 OF MAYYIL POLICE STATION, Kannur
AGAINST THE ORDER DATED IN CRMC NO.453 OF 2024 OF DISTRICT
COURT & SESSIONS COURT,THALASSERY ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CMP NO.132 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III(MOBILE),KANNUR
PETITIONER/ACCUSED:
K. SREERAJ
AGED 25 YEARS
K. SREERAG, S/O SREEDHARAM,
KANNARATH PUT HIYA PURAYIL HOUSE,
KANNADIPARAMBA PO, KANNUR, PIN - 670604
BY ADV K.R.ARUN KRISHNAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SR PP SRI C S HRITHWIK ,SR PP SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2024, ALONG WITH Bail Appl..2636/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.2636 & 2678 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
BAIL APPL. NO. 2636 OF 2024
CRIME NO.59/2024 OF MAYYIL POLICE STATION, Kannur
AGAINST THE ORDER DATED IN CRMC NO.474 OF 2024 OF DISTRICT
COURT & SESSIONS COURT,THALASSERY ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CMP NO.109 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III(MOBILE),KANNUR
PETITIONER/ACCUSED:
K. SREERAG
AGED 25 YEARS
S/O SREEDHARAM,
KANNARATH PUT HIYA PURAYIL HOUSE,
KANNADIPARAMBA PO, KANNUR,
PIN - 670604
BY ADV K.R.ARUN KRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2024, ALONG WITH BAIL APPL..2678/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.2636 & 2678 of 2024
3
Dated this the 8th day of April, 2024
COMMONORDER
These applications are filed under Section 439 of
the Code of Criminal Procedure, 1973, by the very same
person to get himself enlarged on bail. In
B.A.No.2678/2024, the petitioner is the third accused in
Crime No.58/2024 registered against the accused for
allegedly committing the offences punishable under
Sections 143, 147, 148, 341, 323 and 326 r/w 149 of the
Indian Penal Code. In B.A.No.2636/2024, the petitioner
is the fifth accused in Crime No.59/2024 of the very
same Police Station for allegedly committing the offences
punishable under Sections 143, 147, 148, 341 and 307
r/w 149 of the Indian Penal Code. In both the crimes, the
petitioner was arrested on 11.02.2024. Since the
petitioner is the same in both crimes, the applications
are consolidated, jointly heard, and being disposed of by
this common order.
B.A. Nos.2636 & 2678 of 2024
2. The prosecution case in B.A.No.2678/2028 in
Crime No.58/2024 is that: on 16.01.2024, at about 23.15
hours, the accused, in prosecution of their common
intention, formed themselves into an unlawful assembly
with deadly weapons, committed rioting, and wrongfully
restrained the defacto complainant. The accused 1 and 4,
hit the defacto complainant on his head with an iron pipe
and sharp-edged weapons, and caused grievous injuries
to the defacto complainant. Thus, the accused has
committed the above offences.
3. In B.A.No.2636/2024 in Crime 59/2024, the
prosecution case is that; on 16.01.2024, at about 23.30
hours, the accused (1 to 4 and 10 other identifiable
persons) in prosecution of their common intention,
formed themselves into an unlawful assembly and
wrongfully restrained the defacto complainant, and the
first accused hit him on his chest with a knife and
attempted to commit his murder. The defacto
B.A. Nos.2636 & 2678 of 2024
complainant sustained grievous injuries. The other
accused assisted the first accused to commit the above
offences. Thus, the accused have committed the above
offences.
4. Heard; Sri.K.R. Arun Krishnan., learned counsel
appearing for the petitioner in both cases and
Smt.Neema T.Vand the Sri. C.S. Hrithwik, the learned
Public Prosecutors.
5. The learned counsel appearing for the
petitioner submitted that the petitioner is totally
innocent of the accusations levelled against him in both
crimes. In Crime No.58/2024, it was the accused 1 and
4, who inflicted the grievous injuries on the injured.
Similarly, in Crime No.59/2024, it was the first accused
who inflicted the grievous injuries on the injured so as to
attract the offence under Section 307 of the IPC. There is
no specific overt act alleged against the petitioner to
have committed the non bailable offences under Sections
B.A. Nos.2636 & 2678 of 2024
326 and 307 of the IPC. In any given case, the petitioner
has been in judicial custody since 11.02.2024, which is
59 days, the investigation in the case is practically
complete, and recovery has been effected. Moreover, the
petitioner does not have any criminal antecedents other
than for these two crimes on hand. Therefore, the
petitioner may be released on bail.
6. The learned Public Prosecutors opposed the
application. They submitted that the investigation in the
cases is in progress. They did not dispute the fact that in
Crime No.58/2024, it was the accused 1 and 4 who
inflicted grievous injuries on the injured, and in Crime
No.58/2024, it was the first accused who inflicted the
grievous injuries on the injured. They stated that the
petitioner assisted the main assailant in committing the
above offences. They did not dispute the fact that the
petitioner has been in judicial custody for the last 59
days.
B.A. Nos.2636 & 2678 of 2024
7. In Sanjay Chandra v. CBI, [(2012) 1 SCC 40],
the2024:KER:11608 Honourable Supreme Court has
categorically held that the fundamental postulate of
criminal jurisprudence is the presumption of innocence
until a person is found guilty. Any imprisonment prior to
conviction is to be considered as punitive and it would be
improper on the part of the Court to refuse bail solely on
the ground of former conduct.
8. In Dataram Singh v. State of U.P., [(2018) 3
SCC 22] the Honourable Supreme Court observed that
grant of bail is a rule and putting a person in jail is an
exception. Even though the grant of bail is entirely the
discretion of the court, it has to be evaluated based on
the facts and circumstances of each case and the
discretion has to be exercised in a judicious and
compassionate manner.
9. Subsequently, in State of Kerala v. Raneef,
[(2011) 1 SCC 784], the Honourable Supreme Court has
B.A. Nos.2636 & 2678 of 2024
again held that undertrial prisoners detained in jail for
indefinite periods, without any sufficient reason or due to
the delay in concluding the trial, will tantamount to
infringement of their right to life guaranteed under
Article 21 of the Constitution.
10. On an anxious consideration of the facts, the
materials placed on record, and the rival submissions
made across the Bar, especially on comprehending the
fact that the petitioner has been in judicial custody since
11.02.2024, the investigation in the cases is practically
complete, that the recovery has been effected, and
further that the petitioner is a person without any
criminal antecedents, I am of the definite view that the
petitioner's further detention is unnecessary in both
cases. Hence, I am inclined to allow the bail applications.
In the result, the applications are allowed, by
directing the petitioner to be released on bail in both the
crimes on him executing bonds for Rs.1,00,000/-
B.A. Nos.2636 & 2678 of 2024
(Rupees one lakh only) with two solvent sureties each for
the like sum, in each crime to the satisfaction of the
courts having jurisdiction, which shall be subject to the
following conditions:
(i) The petitioner shall appear before the
Investigating Officer on every Saturday between 9 a.m.
and 11 a.m till the final report is laid. Taking into
account the submission made by the learned Public
Prosecutor that the petitioner was arrested after a lot of
effort from Bangalore, the petitioner is directed to
appear before the Investigating Officer on every third
Saturday between 9 a.m. and 11 a.m, till the
determination of the two cases;
(ii) The petitioner shall not directly or indirectly
make any inducement, threat or procure to any person
acquainted with the facts of the cases so as to dissuade
B.A. Nos.2636 & 2678 of 2024
him from disclosing such facts to the court or to any
Police Officer or tamper with the evidence in any
manner, whatsoever;
(iii) The petitioner shall not commit any offence
while he is on bail;
(iv) The petitioner shall surrender his passport, if
any, before the court below at the time of execution of
the bonds, in Crime No.58/2024. If he has no passport,
he shall file an affidavit to the effect before the court
below on the date of execution of the bonds;
(v) The petitioner shall not leave the jurisdictional
limits of the Court of Session, Thalassery, without
previous permission of the Jurisdictional Court.
(vi) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
B.A. Nos.2636 & 2678 of 2024
empowered to consider the application for cancellation
of bail, if any filed, and pass orders on the same, in
accordance with law.
(vii) Applications for deletion/modification of the bail
conditions shall be moved and entertained by the court
below.
(viii) Needless to mention, it would be well within
the powers of the Investigating Officer to investigate the
matter and, if necessary, to effect recoveries on the
information, if any, given by the petitioner even while the
petitioner is on bail as laid down by the Hon'ble Supreme
Court in Sushila Aggarwal v. State (NCT of Delhi)
and another [2020 (1) KHC 663].
Sd/-
mtk/08.04.24 C.S.DIAS, JUDGE
B.A. Nos.2636 & 2678 of 2024
APPENDIX OF BAIL APPL. 2636/2024
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO:
59/2024 OF MAYYIL POLICE STATION, KANNUR
DISTRICT
Annexure II . CERTIFIED COPY OF THE ORDER DATED
16/02/2024 PASSED IN CMP 109 OF 2024 BY
THE JUDICIAL FIRST CLASS MAGISTRATE COURT
III, KANNUR
Annexure III A TRUE COPY OF THE ORDER DATED 19/03/2024
PASSED IN CRL M.C 474 OF 2024 BY THE
SESSIONS COURT THALLASSERY
Annexure IV TRUE COPY OF FIR IN CRIME 60/2024 OF
MAYYIL POLICE STATION, KANNUR DISTRICT
B.A. Nos.2636 & 2678 of 2024
APPENDIX OF BAIL APPL. 2678/2024
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO:
58/2024 OF MAYYIL POLICE STATION, KANNUR
DISTRICT
Annexure II TRUE COPY OF THE ORDER DATED 01/03/2024
PASSED IN CMP 132 OF 2024 BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT III
Annexure III A TRUE COPY OF THE ORDER DATED 19/03/2024
PASSED IN CRL M.C 453 OF 2024 BY THE
SESSIONS COURT THALLASSERY
Annexure IV TRUE COPY OF FIR IN CRIME 60/2024 OF
MAYYIL POLICE STATION, KANNUR DISTRICT
