Kerala High Court
Jegannadhan vs State Of Kerala on 19 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
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 3380 OF 2024
CRIME NO.394/2024 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM
PETITIONER(S):
1 JEGANNADHAN, AGED 21 YEARS
S/O PONNAPPAN, MOONARATHOONIYIL VEETTIL,
KULASEKHARAMANGALAM VILLAGE, EDAVATTOM KARA,
EDAVATTOM.P.O., THALAYOLAPARAMBU, PIN - 686605
2 ASHAL, AGED 19 YEARS
S/O SATHEESHAN, VAIMBANATHVEETTIL,
KULASEKHARAMANGALAM VILLAGE, EDAVATTOM KARA,
EDAVATTOM.P.O., THALAYOLAPARAMBU, PIN - 686605
3 MUHAMMAD ANSARY, AGED 19 YEARS
S/O DILEEP, VAZHATHARAYIL VEETTIL,
KULASEKHARAMANGALAM VILLAGE, EDAVATTOM KARA,
EDAVATTOM.P.O., THALAYOLAPARAMBU, PIN - 686605
BY ADVS.
PAUL ABRAHAM VAKKANAL
VINEETHA SUSAN THOMAS
ABRAHAM VAKKANAL (SR.)
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, REPRESENTING THE S.I. OF POLICE,
THALAYOLAPARAMBU POLICE STATION, PIN - 682031
2 ABIN KUNJUMON, AGED 24 YEARS
S/O KUNJUMON, NADUTHURUTHEL HOUSE, NEAR KARTHYANI
TEMPLE, KIZHAKKEPURAM KARA, VADAYAR VILLAGE,
KOTTAYAM, PIN - 686605
BY ADVS.
PRASUN.S
N.A.RETHEESH(K/184/2005)
SRI.PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3380 of 2024
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3380 of 2024
-------------------------------
Dated this the 19th day of April, 2024
ORDER
This Bail Application is filed under Section 439 of the
Criminal Procedure Code (Cr.P.C.)
2. The petitioners are the accused in Crime
No.394/2024 of Thalayolapparambu Police Station. The
above case is registered against the petitioners alleging
offence punishable under Sections 141, 142, 143, 147,
294(b), 341, 323, 363, 365, 368, 212 r/w 149 of IPC.
The petitioners were arrested and produced before the
court on 10.04.2024 and they were remanded to judicial
custody.
3. The prosecution case in brief is as follows:
On 05.04.2024 at about 09.30 p.m, the accused in
furtherance of their common intention followed first
informant and when he reached near to Karthyayani
Temple, Thalayolapparambu, the accused Nos.1 and 2
uttered obscene words towards the first informant and
accused Nos.3 and 4 wrongfully restrained him and beat
him. Thereafter accused Nos.1 to 4 forcefully taken him
in their bike and thereafter kept him at Chunkam and he
was confined there. Hence it is alleged that the accused
committed the afore said offences.
4. Heard the learned counsel for the petitioners and
the learned Public Prosecutor.
5. When this Bail application came up for
consideration, the counsel appearing for the petitioner
submitted that the entire dispute between the petitioners
and the defacto complainant are settled and an affidavit
of the defacto complainant is also produced as Annexure
A2. The learned Public Prosecutor opposed the Bail
application and submitted that the offence alleged
includes non compoundable offence.
6. It is a fact that the petitioners are in custody
from 09.04.2024 onwards. Considering the facts and
circumstances of the case, I think the continued detention
of the petitioners is not necessary. The petitioners 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. 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 to the satisfaction of the
jurisdictional Court.
2. 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 them from disclosing such facts to the
Court or to any police officer.
3. Petitioners shall not leave India without
permission of the jurisdictional Court.
4. Petitioners shall not commit an offence
similar to the offence of which they are accused, or
suspected, of the commission of which they are
suspected.
5. Petitioners shall appear before the
investigating officer on all Mondays at 10 A.M. till
final report is filed.
6. If any of the above conditions are violated
by the petitioners, 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
DM
APPENDIX OF BAIL APPL. 3380/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER DT. 11-4-2024
IN CMP 1904 / 2024 BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT - I,
VAIKOM.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT BY THE 2ND
RESPONDENT DT. 15-4-2024.
ANNEXURE A3 TRUE COPY OF THE CERTIFICATE DATED 18-
4-2024 ISSUED BY THE PRINCIPAL, GOVT.
POLYTECHNIC COLLEGE, KADUTHURUTHY,
SHOWING INTER ALIA THAT THE 1ST
APPLICANT IS HAVING ADMISSION NO. 5199
AND IS A FINAL YEAR STUDENT OF THE
SAID COLLEGE.
ANNEXURE A4 TRUE COPY OF THE CERTIFICATE DT. 17-4-
2024 ISSUED BY THE CENTRE IN CHARGE,
IMAGE CREATIVE EDUCATION,
PALARIVATTOM, SHOWING INTER ALIA THAT
THE 2ND APPLICANT WAS A REGULAR
STUDENT IN THAT INSTITUTION FROM 2021-
2023 AND HIS COURSE WAS COMPLETED IN
NOVEMBER 2023.
ANNEXURE A5 TRUE COPY OF THE CERTIFICATE DT. 17-4-
2024 ISSUED BY THE PRINCIPAL, ORIENTAL
SCHOOL OF HOTEL MANAGEMENT, LAKKIDI,
WAYANAD, SHOWING INTER ALIA THAT THE
3RD APPLICANT IS STUDYING B.SC.
HOSPITALITY & HOTEL ADMINISTRATION IN
THE SAID INSTITUTE.
ANNEXURE A6 TRUE COPY OF THE DATE SHEET DT. 19-3-
2024 ISSUED BY THE DIRECTOR (STUDIES)
OF THE NATIONAL COUNCIL FOR HOTEL
MANAGEMENT AND CATERING TECHNOLOGY,
SHOWING THE EXAMINATION SCHEDULE FOR
ACADEMIC YEAR 2023-2024 IN RESPECT OF
THE COURSE PURSUED BY THE 3RD
APPLICANT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
