Kerala High Court
Lijo Joseph 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. 2270 OF 2024
CRIME NO.108/2024 OF THIRUVAMBADY POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED :
LIJO JOSEPH,AGED 31 YEARS
S/O JOSEPH, RESIDING AT VELIKKAKATH HOUSE,
ATHIPPARA, THAMBALANNA POST,
KOZHIKODE DISTRICT, PIN - 673 603.
BY ADVS.
J.R.PREM NAVAZ
PREETHA RANI M.S.
SUMEEN S.
MUHAMMED SWADIQ
RESPONDENT/STATE :
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
PP PRASANTH M P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. 2270/2024
2
P.V.KUNHIKRISHNAN, J
..........................................
B.A.No.2270 of 2024
.............................................
Dated this the 19th day of April, 2024
ORDER
This Bail Application is filed under Section 439 of Criminal
Procedure Code, 1973.
2. The petitioner is the sole accused in Crime No.108/2024
of Thiruvambady Police Station. The above case is
registered against the petitioner alleging offences punishable
under Sections 341, 325 and 304 of the Indian Penal
Code, 1860.
3. The prosecution case is that, due to the animosity
towards the brother of the informant, who had questioned
the accused when he had cut the branches of a tree in
boundary of the property of the brother of the informant,
on 03.03.2024 at 5.30 p.m., the accused had wrongfully
restrained the brother of the informant in front of
Thuruthiparambil Flour Mill at Athippara, and had beaten
the brother of the informant and pushed him towards the
gate of the flour mill as a result of which the brother of
the informant sustained grievous injury on his forehead
and succumbed to his injuries. Hence, it is alleged that
the accused committed the offences. The petitioner was
arrested on 08.03.2024.
4. Heard the counsel for the petitioner and the Public
Prosecutor.
5. The learned counsel for the petitioner submitted that the
petitioner is in custody from 08.03.2024 onwards. It is also
submitted that even if the entire allegations are accepted,
the offence under Section 304 of IPC is not made out.
The learned counsel for the petitioner further submitted
that the petitioner is ready to abide by any conditions, if
this Court release him on bail.
6. The learned Public Prosecutor opposed the bail application
and submitted that because of the intentional act of the
petitioner, the injured succumbed to the injury and hence
the offence under Section 304 of IPC is made out.
Therefore, this Court may not release the petitioner at this
stage.
7. This Court considered the contentions of the learned
counsel for the petitioner and the learned Public
Prosecutor. It is admitted fact that the petitioner is in
custody from 08.03.2024. Admitted prosecution case is that,
the petitioner assaulted the deceased using hands and
pushed towards gate and he sustained injury. In such
circumstances, the offence under Section 304 of IPC is
made out or not is a matter to be investigated and to
be decided in the trial, if any.
8. Considering the facts and circumstances of the case and
also considering the period of detention, I think the
petitioner can be released on bail after imposing stringent
conditions.
9. Since a person died in the incident, it will be better to
restrain the petitioner from entering the jurisdictional police
station for a period of 30 days, so that the investigation
can be completed.
10. 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.
11. 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 they are 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.Petitioner shall not enter into the jurisdictional
limits of Thiruvambady Police Station, for a period
of 30 days. Petitioner shall furnish his residential
address and mobile phone number to the
Investigating Officer, immediately after his release.
I make it clear that, for the purpose of
appearance on Mondays before the Investigating
Officer, the petitioner can enter the jurisdiction limit
of the police station.
12. 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
AMV/19/04/2024
APPENDIX OF BAIL APPL. 2270/2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO:
108/2024 OF THIRUVAMBADY POLICE STATION,
KOZHIKODE DISTRICT.
ANNEXURE A2 THE TRUE COPY OF THE REMAND REPORT OF THE
PETITIONER IN CRIME NO: 108/2024 OF
THIRUVAMBADY POLICE STATION, KOZHIKODE
DISTRICT.
ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED
12.03.2024 IN CMP NO: 749 OF 2024 PASSED
BY THE COURT OF JUDICIAL MAGISTRATE OF
FIRST CLASS THAMARASSERY.
TRUE COPY
