Tijin @ Ayyan vs State Of Kerala
2024 Latest Caselaw 11132 Ker

Citation : 2024 Latest Caselaw 11132 Ker
Judgement Date : 16 April, 2024

Kerala High Court

Tijin @ Ayyan 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. 3052 OF 2024
  CRIME NO.176/2024 OF PERUVANNAMUZHY POLICE STATION, KOZHIKODE
   AGAINST THE ORDER DATED 03.04.2024 IN CMP NO.1542 OF 2024 OF
         JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA

PETITIONER/ACCUSED:

            TIJIN @ AYYAN
            AGED 30 YEARS, S/O RAGHAVAN,
            THATTARUKUNNEL HOUSE, CHEMMANODA (P.O.), PERAMBRA,
            KOZHIKODE, PIN - 673 528.

            BY ADV NIDHI BALACHANDRAN



RESPONDENTS/COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            PIN - 682 031.

    2       STATION HOUSE OFFICER
            PERUVANNAMUZHI POLICE STATION, THRISSUR, PIN - 673 528.

            BY ADV. PRASANTH M P (PP)




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.3052/2024                           2




                         P.V.KUNHIKRISHNAN, J
                     ----------------------------------------
                           B.A.No.3052 of 2024
                    -----------------------------------------
                 Dated this the 16th day of April, 2024

                                ORDER

This Bail Application is filed under Section 439 of Criminal

Procedure Code.

2. The petitioner is an accused in Crime No. 176/2024 of

Peruvannamoozhi Police Station. The above case is registered

against the petitioner alleging offences punishable under

Sections 454 and 380 of Indian Penal Code.

3. The prosecution case is that in between 06-03-2024

and 26-03-2024, the accused trespassed into upstairs of the

house owned by the de facto complainant and his brothers at

Chembanoda and committed theft of 4 sacks of black pepper and

one sack of arecanuts, which were kept in the store room of the

house. Thus the accused committed the offences. The petitioner

was arrested and produced before the jurisdictional court on

29-03-2024.

4. Heard the counsel for the petitioner and the Public

Prosecutor. The learned counsel for the petitioner submitted

that the petitioner is in custody from 29-03-2024 onwards. The

petitioner is ready to abide by any condition that may be imposed

by this Court to grant him bail. The learned Public Prosecutor

opposed the bail application.

5. After hearing both sides, I think this bail application

can be allowed on stringent conditions. The petitioner is in

custody from 29-03-2024 onwards. A perusal of the order passed

by the learned Magistrate would not show that there is any

criminal antecedents against the petitioner. Therefore, this bail

application can be allowed on condition that if the petitioner is

involved in similar offences, the investigating officer can file

appropriate application before the jurisdictional court and the

jurisdictional court will consider the same and pass orders even

though this bail order is passed by this Court.

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. Petitioner shall be released on bail on executing a bond for

Rs.50,000/- (Rupees Fifty Thousand only) with two solvent

sureties each for the like sum to the satisfaction of the

jurisdictional Court.

ii. The 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 him from disclosing such facts to the Court or to

any police officer.

iii. Petitioner shall not leave India without permission of the

jurisdictional Court.

iv. 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.

v. The petitioner 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.