Kerala High Court
Salmanul Faris vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 2734 OF 2024
CRIME NO.227/2024 OF KARIPUR POLICE STATION, Malappuram
PETITIONERS/ACCUSED NOS.3,7 & 8:
1 SALMANUL FARIS,
AGED 36 YEARS
S/O. UMMER, KARUTHEDATH HOUSE, WANDOOR, YEMANGAD,
AMARAMBALAM SOUTH P O, VANIYAMBALAM,
MALAPPURAM DISTRICT, PIN - 679332
2 JAFFAR THOTTATHIL, AGED 28 YEARS
S/O. MUHAMMED, THADATHIL HOUSE, MOTTUPPARA,
KANNAMANGALAM, MALAPPURAM DISTRICT, PIN - 676304
3 RAFEEQUE, AGED 39 YEARS
S/O AHAMMED V,VADAKKEVEETIL, K.K. HOUSE, FAROOQ
COLLEGE, KOZHIKODE DISTRICT, PIN - 673632
BY ADVS.
P.SAMSUDIN
LIRA A.B.
NASRIN WAHAB
DEVIKA E.D.
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SRI.PRASHANTH M.P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.2734 of 2024 2
P.V.KUNHIKRISHNAN, J.
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B.A.No.2734 of 2024
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Dated this the 16th day of of April, 2024
O R D E R
Petitioners are accused Nos.3, 7 & 8 in Crime
No.227/2024 of Karippur Police Station. The above
case is registered alleging offences punishable
under Sections 399, 120(B), 363 read with 511 of
the Indian Penal Code.
2. The prosecution case in brief is that on
20.03.2024 at 10.45 p.m the accused persons, with
the intention to robe gold from one Shafeeq after
kidnapping him, came to Newman junction in
different vehicles to commit the offence.
3. Heard the learned counsel for the
petitioners and the learned Public Prosecutor.
4. The learned counsel for the petitioners
submits that no offence is committed by the
petitioners and the allegation is only an attempt
to commit the offence. It is also submitted that
there is no criminal antecedents to the
petitioners. The learned Public Prosecutor also
submits that there is no criminal antecedents
reported against the petitioners.
5. Considering the facts and circumstances of
the case and also considering the fact that the
petitioners are in custody from 21.03.2024, I am
of the considered opinion that this bail
application can be allowed with stringent
conditions.
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 directions:
i. Petitioners shall be released on bail on
executing a bond for Rs.50,000/- (Rupees Fifty
Thousand only) each with two solvent sureties each
for the like sum each to the satisfaction of the
jurisdictional Court.
ii. The 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 him from disclosing such
facts to the Court or to any police officer.
iii. Petitioners shall not leave India without
permission of the jurisdictional Court.
iv. Petitioners shall not commit an offence
similar to the offence of which they are accused,
or suspected, of the commission of which he is
suspected.
v. The petitioners shall appear before the
investigating officer on all Mondays till final
report is filed.
vi. 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
sp/16/04/2024
APPENDIX OF BAIL APPL. 2734/2024
PETITIONER ANNEXURES
Annexure -A1 TRUE COPY OF THE ORDER DATED 23-03-2024
IN CRL MP 726/2024 ON THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-
I, MANJERI
Annexure -A2 TRUE COPY OF THE ORDER DATED 23-03-2024
IN CRL MP 725/2024 ON THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-
I, MANJERI
