Kerala High Court
Satheeshmon T.K vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
BAIL APPL. NO. 2570 OF 2024 1
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. 2570 OF 2024
CRIME NO.50/2024 OF Kanjikuzhy Police Station, Idukki
PETITIONER/S:
SATHEESHMON T.K
AGED 46 YEARS
S/O KRISHNANKUTTY, THAIPARAMBIL HOUSE, KUDUKKAKANDAM
KARA, KANJIKKUZHI VILLAGE, IDUKKI DISTRICT, PIN -
685602
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI.M.P.PRASANTH, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2570 OF 2024 2
P.V.KUNHIKRISHNAN, J
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B.A. No. 2570 of 2024
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Dated this the 16th day of April, 2024
ORDER
This Bail Application filed under Section 438 of Criminal
Procedure Code (Cr.P.C.)
2. The petitioner is the accused in Crime No. 50 of 2024
of Kanjikkuzhi Police Station. The above case is registered
alleging offences punishable under Secs. 294(b), 323 and 506
(i) of IPC r/w Sec. 75 of Juvenile Justice Act.
3. The prosecution case is that on 28.01.2024 at about
10 pm, the petitioner beaten the defacto complainant with
whom the petitioner had living together relationship and hold
on the neck and again beaten on the face and back of the
defacto complainant. It is alleged that on seeing that, the child
aged 5 years cried and the petitioner beaten the child also and
thereby committed the offences.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. It is submitted that the petitioner and the defacto
complainant with the child are residing together and there is no
grievance to them. The Public Prosecutor also submitted that
they are living together. Considering the facts and
circumstances of this case, I think the bail application can be
allowed.
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.
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 appear before the Investigating
Officer within ten days from today and shall undergo
interrogation;
2. After interrogation, if the Investigating Officer
proposes to arrest the petitioner, he shall be released on bail on
executing a bond for a sum of Rs.50,000/-(Rupees Fifty
Thousand only) with two solvent sureties each for the like sum
to the satisfaction of the officer concerned;
3. 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
her from disclosing such facts to the Court or to any police
officer;
4. Petitioner shall not leave India without permission of
the jurisdictional Court;
5 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;
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.
7. 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/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
