Kerala High Court
Biju 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. 3094 OF 2024
CRIME NO.289/2024 OF Ochira Police Station, Kollam
PETITIONER(S)/ACCUSED NO.1:
BIJU
AGED 52 YEARS
S/O PUSHPANGADHAN, RESIDING AT HARINANDANAM VEEDU,
CLAPPANA NORTH MURI,CLAPPANA VILLAGE FROM NEDIYATH
VEEDU, PAYIKUZHI, MURI, OACHIRA VILLAGE., PIN - 690526
BY ADVS.
NAVANEETH.N.NATH
GAUTHAM KRISHNA E.J.
ABHIRAMI S.
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
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. 3094 OF 2024
2
P.V.KUNHIKRISHNAN, J.
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B.A. No.3094 of 2024
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Dated this the 19th day of April, 2024
ORDER
This Bail application is filed under Section 439 of
Criminal Procedure Code.
2. The petitioner is the 1st accused in Crime
No.289/2024 of Oachira Police Station, Kollam
District. The above case is registered against the
petitioner alleging offences punishable under Section
294(b), 324 and 307 r/w 34 of IPC.
3. The prosecution case is that, due to the
previous enmity of the accused towards the husband,
B.A. NO. 3094 OF 2024
son and relatives of the de-facto complainant, the
accused jointly attacked the de-facto complainant and
others on 08.03.2024 at 10.00 P.M. and attempted to
commit murder of the de-facto complainant's son
Sujith by stabbing on his stomach with a knife. The
petitioner was arrested on 09.03.2024.
4. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner
submitted that the petitioner is in custody from
09.03.2024 onwards. The counsel for the petitioner
also submitted that the petitioner is ready to obey any
conditions, if this Court grant him bail. The learned
Public Prosecutor opposed the bail application. The
Public Prosecutor submitted that the petitioner
B.A. NO. 3094 OF 2024
inflicted the fatal injuries to the de-facto complainant
and others and he may not be released on bail at this
stage.
6. This Court considered the contention of the
petitioner and the Public Prosecutor. There is force in
the argument of the Public Prosecutor that the
petitioner is the main accused and he inflicted the
fatal injuries to the injured as per the prosecution
casse. But, the petitioner is in custody from
09.03.2024 onwards. Indefinite incarceration of the
petitioner is not necessary. The petitioner can be
released on bail after imposing stringent conditions.
Since, the injured sustained serious injuries, there
can be a direction to the petitioner, not to enter the
jurisdictional limit of Oachira Police Station for a
B.A. NO. 3094 OF 2024
period of 60 days or till final report is filed. With that
condition, I think, this bail application can be allowed.
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:
B.A. NO. 3094 OF 2024
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.
B.A. NO. 3094 OF 2024
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. The petitioner shall not enter the
jurisdictional limit of Oachira Police Station
for a period of 60 days or till final report is
filed in Crime No.289/2024. Within one
week from the release of the petitioner, the
petitioner shall give his residential
B.A. NO. 3094 OF 2024
address, where he is going to reside
during the above period, to the
investigating officer with his phone
number.
7. 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
nvj JUDGE
