Kerala High Court
Maneesh 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. 3024 OF 2024
CRIME NO.476/2023 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.271 OF 2024 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT- I, HARIPAD
PETITIONER/ACCUSED NO.6:
MANEESH
AGED 30 YEARS
S/O MAHEEN, THASNI MANZIL, KAREELAKULANGARA P.O,
ALAPPUZHA DISTRICT, PIN - 690559
BY ADV SERGI JOSEPH THOMAS
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 THE STATION HOUSE OFFICER
CKAREELAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT.,
PIN - 690559
SRI.PRASHANTH 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.3024 of 2024
2
P.V.KUNHIKRISHNAN,J.
---------------------
B.A.No.3024 of 2024
---------------------------
Dated this the 16th day of April, 2024
ORDER
This bail application is filed under Section 439 of
Criminal Procedure Code (Cr.P.C.)
2. The petitioner is the 6th accused in Crime
No.476/2023 of Kareelakulangara Police Station, Alappuzha.
The above case is registered against the petitioner alleging
offences punishable under Sections 341, 323, 324. 392, 394,
395, 201 r/w Section 34 IPC.
3. The prosecution case is that, on 24/08/2023 at 6.40
am, the accused came in a car and wrongfully restrained the
defacto complainant who was coming in a motorcycle and
after placing a sickle on his neck, accused no. 1 told to take
the motorcycle of defacto complainant. When the defacto
complainant tried to escape, the accused persons assaulted
him and committed robbery of his motor cycle. Hence, it is
alleged that the accused committed the offence.
4. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the
petitioner is in custody from 12.01.2024 and the petitioner is
ready to abide any conditions if this Court grant him bail. The
Public Prosecutor opposes the bail application and submitted
that the allegation against the petitioner is very serious.
6. This Court considered the contentions of the
petitioner and the Public Prosecutor. The petitioner is in
custody from 12.01.2024 onwards. About 90 days over after
his arrest. Indefinite incarceration of the petitioner is not
necessary in the facts and circumstances of the case. The
petitioner can be released on bail after imposing 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. 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.
2. 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.
3. Petitioner shall not leave India without permission of
the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the
offence of which they are accused, or suspected, of the
commission of which he is suspected.
5. The petitioner shall appear before the investigating
officer on all Mondays till final report is filed.
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
JUDGE
bng
