Kerala High Court
Raju George @ N.M. George vs State Of Kerala on 17 October, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
1
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8435 OF 2024
CRIME NO.801/2024 OF Alappuzha South Police Station, Alappuzha
PETITIONER/S:
1 RAJU GEORGE @ N.M. GEORGE
AGED 64 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
2 GRACE RAJU
AGED 57 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
3 ALAN GEORGE
AGED 33 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
4 ANSON GEORGE
AGED 31 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR.PP.SMT.PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH Bail Appl..8436/2024, 8437/2024 AND
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2
2024:KER:77080
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
3
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8436 OF 2024
CRIME NO.798/2024 OF Alappuzha South Police Station, Alappuzha
PETITIONER/S:
1 RAJU GEORGE @ N.M. GEORGE
AGED 64 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
2 GRACE RAJU
AGED 57 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
3 ALAN GEORGE
AGED 33 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
4 ANSON GEORGE
AGED 31 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR.PP.SMT.PUSHPALATHA
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
4
2024:KER:77080
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH Bail Appl..8435/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
5
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8437 OF 2024
CRIME NO.756/2024 OF Alappuzha South Police Station, Alappuzha
PETITIONER/S:
1 RAJU GEORGE @ N.M. GEORGE
AGED 64 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
2 GRACE RAJU
AGED 57 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
3 ALAN GEORGE
AGED 33 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
4 ANSON GEORGE
AGED 31 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR.PP.SMT.PUSHPALATHA
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
6
2024:KER:77080
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH Bail Appl..8435/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
7
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8449 OF 2024
CRIME NO.630/2024 OF Alappuzha South Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.7388 OF
2024 OF HIGH COURT OF KERALA
PETITIONER/S:
1 RAJU GEORGE @ N.M. GEORGE
AGED 64 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
2 GRACE RAJU
AGED 57 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
3 ALAN GEORGE
AGED 33 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
4 ANSON GEORGE
AGED 31 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
8
2024:KER:77080
KERALA, PIN - 682031
SR.PP.SRI.C.S.HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH Bail Appl..8435/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
9
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8472 OF 2024
CRIME NO.344/2024 OF Neyyardam Police Station,
Thiruvananthapuram
PETITIONER/S:
RAJU GEORGE @ N.M. GEORGE
AGED 64 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR PP SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH Bail Appl..8435/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
10
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8529 OF 2024
CRIME NO.356/2024 OF Edathua Police Station, Alappuzha
PETITIONER/S:
1 RAJU GEORGE @ N.M. GEORGE
AGED 64 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
2 GRACE RAJU
AGED 57 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
3 ALAN GEORGE
AGED 33 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
4 ANSON GEORGE
AGED 31 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR.PP.SRI.C.S.HRITHWIK
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
11
2024:KER:77080
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH Bail Appl..8435/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
12
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8531 OF 2024
CRIME NO.363/2024 OF Edathua Police Station, Alappuzha
PETITIONER/S:
1 RAJU GEORGE @ N.M. GEORGE
AGED 64 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
2 GRACE RAJU
AGED 57 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
3 ALAN GEORGE
AGED 33 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
4 ANSON GEORGE
AGED 31 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR PP SMT SEETHA S
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
13
2024:KER:77080
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH Bail Appl..8435/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
14
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8532 OF 2024
CRIME NO.250/2024 OF Edathua Police Station, Alappuzha
PETITIONER/S:
1 RAJU GEORGE @ N.M. GEORGE
AGED 64 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
2 GRACE RAJU
AGED 57 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O.,
THIRUVALLA,PATHANAMTHITTA, PIN - 689103
3 ALAN GEORGE
AGED 33 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O.,
THIRUVALLA,PATHANAMTHITTA, PIN - 689103
4 ANSON GEORGE
AGED 31 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O.,
THIRUVALLA,PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR PP SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
15
2024:KER:77080
17.10.2024, ALONG WITH Bail Appl..8435/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
16
2024:KER:77080
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
BAIL APPL. NO. 8474 OF 2024
CRIME NO.262/2024 OF Neyyardam Police Station,
Thiruvananthapuram
PETITIONER/S:
1 ALAN GEORGE
AGED 33 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
2 ANSON GEORGE
AGED 31 YEARS
NEDUMPARAMBIL GARDENS KUTTAPPUZHA P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689103
BY ADV JAI GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH Bail Appl..8435/2024 AND CONNECTED
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
17
2024:KER:77080
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
18
2024:KER:77080
C.S.DIAS,J
----------------------------------------------------------------------
Bail Application Nos.8435, 8436, 8437, 8449, 8472,
8474, 8529, 8531& 8532 OF 2024
---------------------------------------------------------------------
Dated this the 17th day of October, 2024
COMMON ORDER
The applications are filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (in short,
'BNSS'), by the accused Nos. 1 to 4 in the below
mentioned crimes for allegedly committing the offences
punishable under Sections 406, 409, and 420 read with
Section 34 of the Indian Penal Code (in short, 'IPC') and
Section 4 r/w Section 3, 5, 21 & 23 of the Banning of
Unregulated Deposit Schemes Act, 2019. The petitioners
were originally arrested in Crime No. 644/2024 of the
Thiruvalla Police Station on 07.05.2024. Subsequently, the
petitioners' arrests were recorded from 04.10.2024 to
10.10.2024 in the following cases: B.A.No.8449/2024 filed
in Crime No.630/2024, B.A.No.8435/2024 filed in Crime
No.801/2024, B.A.No.8436/2024 filed in Crime
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
No.798/2024 and B.A.No.8437/2024 filed in Crime
No.756/2024 all registered by the Alappuzha South Police
Station, Alappuzha; B.A.No.8532/2024 filed in Crime
No.250/2024, B.A.No.8531/2024 filed in Crime
No.363/2024 and B.A.No.8529/2024 filed in Crime
No.356/2024 all registered by the Edathua Police Station,
Alappuzha; B.A.No.8474/2024 filed in Crime No.262/2024
and B.A.No.8472/2024 filed in Crime No.344/2024 both
registered by the Neyyar Dam Police Station,
Thiruvananthapuram. In Crime No.262/2024 registered by
the Neyyar Dam Police Station, Thiruvananthapuram,
against which B.A.No.8474/2024 is filed, there are only
two accused; and in Crime No.344/2024 registered by the
Neyyar Dam Police Station, Thiruvananthapuram, against
which B.A.No.8472/2024 is filed, there is only one
accused. As all these applications are filed by the same
petitioners, the applications were consolidated, jointly
heard, and are being disposed of by this common order.
2. The common case of the de-facto complainants in
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
the respective crimes is that the accused were running an
establishment named 'Nedumparambil Credit Syndicate'.
The accused had offered high interest on fixed deposits to
the de-facto complainants. Accordingly, the de-facto
complainants deposited money in the said establishment
on the belief of getting high interest. However, the accused
did not pay the interest or return the capital. Thus, the
accused have committed the above offences.
3. Heard; Sri.Jai George, the learned counsel
appearing for the petitioners; Sri.C.S.Hrithwik and Smt.
Seetha S., the learned Senior Public Prosecutors.
4. The learned counsel for the petitioners
submitted that the petitioners are totally innocent of the
accusations levelled against them. They have been falsely
implicated in the crime. There is no material to
substantiate that the petitioners have committed the above
offences. In any given case, the petitioner in
B.A.No.8472/2024 has been in judicial custody for the last
162 days and the petitioners in the other applications have
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
been in judicial custody for the last 143 days, the
investigation in the cases is not complete, and the final
reports have not been filed, despite the lapse of 90 days.
Therefore, the petitioners are entitled to be released on
statutory bail in all the crimes, as contemplated under sub-
section (2) of Section 167 of the Code. By the common
order dated 06.08.2024 in B.A.No.5656/2024 and
connected cases, the common order dated 30.08.2024 in
B.A.No.7170/2024 and connected cases, the common
order dated 09.09.2024 in B.A.No.7300/2024 and
connected cases, the common order dated 11.09.2024 in
B.A.No.7615/2024 and connected cases, and the common
order dated 24.09.2024 in B.A.No.7634/2024 and
connected cases, this Court has already enlarged the
petitioners on bail. The petitioners are entitled to the
benefit of a similar order. Hence, the applications may be
allowed.
5. The learned Public Prosecutors opposed the
applications. They submitted that the petitioners have
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
committed serious economic offences by cheating the
public at large. There are numerous cases registered
against the petitioners for committing similar offences.
The petitioners are not entitled to statutory bail since their
arrests were recorded in this batch of cases only from
04.10.2024 to 10.10.2024. As Section 409 of the IPC is
incorporated, the petitioners are liable to be punished with
life sentences. Therefore, the time period to file the final
reports is up to 90 days, which has not lapsed in these
cases. If the petitioners are enlarged on bail, there is
every likelihood of them committing similar offences.
Hence, the applications may be dismissed.
6. The common prosecution case in all the crimes is
that the petitioners had induced the de-facto complainants
to deposit money in their establishment on the assurance
of paying them high interest. However, the accused failed
to pay the interest or return the capital within the
stipulated time period. The fact remains that the
petitioners were arrested in Crime No.644/2024 of the
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
Thiruvalla Police Station as early as on 07.05.2024. They
have been in judicial custody for the last more than 143
days. In one batch of cases, this Court has already
enlarged the petitioners on statutory bail, since the final
reports were not filed within the stipulated time period.
The petitioners are actually entitled to the benefit of
statutory bail since they are languishing in jail from
07.05.2024. It is only because their arrests were
subsequently recorded in the present crimes, that they are
not entitled to statutory bail as on today. However, the fact
remains that the petitioners have been in judicial custody
for the last more than 143 days, the investigation in the
cases is practically complete, and recoveries have been
effected.
7. Recently, in Manish Sisodia v. Directorate of
Enforcement [2024 INSC 595] the Honourable Supreme
Court has observed that, over a period of time, the trial
courts and the High Courts have forgotten a very well-
settled principle of law that bail is not to be withheld as a
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
punishment. From its experience, it appears that the trial
courts and the High Courts attempt to play safe in matters
of grant of bail. The principle that bail is the rule and
refusal is an exception is, at times, followed in breach. On
account of non-grant of bail even in straight forward open
and shut cases, the Honourable Supreme Court is flooded
with huge number of bail petitions thereby adding to the
huge pendency. It is high time that the trial courts and the
High Courts recognize the principle that "bail is the rule
and jail is an exception.
8. Similarly, in Jalaluddin Khan v Union of
India [2024 INSC 604] the Hon'ble Supreme Court has
observed in the following lines:
"21. xxx xxxx xxx When a case is made out for a
grant of bail, the Courts should not have any hesitation in
granting bail. The allegations of the prosecution may be very
serious. But, the duty of the Courts is to consider the case
for grant of bail in accordance with the law. "Bail is the rule
and jail is an exception" is a settled law. Even in a case like
the present case where there are stringent conditions for the
grant of bail in the relevant statutes, the same rule holds
good with only modification that the bail can be granted if
the conditions in the statute are satisfied. The rule also
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
means that once a case is made out for the grant of bail, the
Court cannot decline to grant bail. If the Courts start
denying bail in deserving cases, it will be a violation of the
rights guaranteed under Article 21 of our Constitution."
9. In Satender Kumar Antil v. CBI and another
[(2022) 10 SCC 51], the Hon'ble Supreme Court, after a
meticulous survey of all the precedents on the law
governing bail, has laid down exhaustive guidelines for the
Courts while dealing with the bail applications. It is
profitable to extract the relevant paragraphs of the
decision in this context of the case on hand, which reads
thus:
"12. The principle that bail is the rule and jail is the
exception has been well recognised through the repetitive
pronouncements of this Court. This again is on the touchstone of
Article 21 of the Constitution of India. This Court in Nikesh
Tarachand Shah v. Union of India [Nikesh Tarachand
Shah v. Union of India, (2018) 11 SCC 1 : (2018) 2 SCC (Cri)
302] , held that : (SCC pp. 22-23 & 27, paras 19 & 24) ."
13. Further this Court in Sanjay Chandra v. CBI [Sanjay
Chandra v. CBI, (2012) 1 SCC 40 : (2012) 1 SCC (Cri) 26 : (2012)
2 SCC (L&S) 397] , has observed that : (SCC p. 52, paras 21-23)
"21. In bail applications, generally, it has been laid
down from the earliest times that the object of bail is to secure
the appearance of the accused person at his trial by reasonable
amount of bail. The object of bail is neither punitive nor
preventative. Deprivation of liberty must be considered a
punishment, unless it is required to ensure that an accused
person will stand his trial when called upon. The courts owe
more than verbal respect to the principle that punishment
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
begins after conviction, and that every man is deemed to be
innocent until duly tried and duly found guilty.
10. In Prabir Purkayastha v. State (NCT of
Delhi)[2024 SCC OnLine SC 934], the Honourable
Supreme Court has observed as follows:-
"21. The Right to Life and Personal Liberty is the most
sacrosanct fundamental right guaranteed under Articles 20,
21 and 22 of the Constitution of India. Any attempt to
encroach upon this fundamental right has been frowned
upon by this Court in a catena of decisions. In this regard,
we may refer to following observations made by this Court
in the case of Roy V.D. v. State of Kerala[(2022) SCC OnLine
SC 929 : 2022 INSC 756]:--
"7. The life and liberty of an individual is so sacrosanct
that it cannot be allowed to be interfered with except under
the authority of law. It is a principle which has been
recognised and applied in all civilised countries. In our
Constitution Article 21 guarantees protection of life and
personal liberty not only to citizens of India but also to
aliens."
11. On an overall consideration of the facts, the
rival submissions made across the Bar, and the materials
placed on record, particularly on considering the fact that
the petitioners have been in judicial custody for the last
more than 143 days, the investigation in the cases is
practically complete, recoveries have been effected, and
the petitioners have been enlarged on bail in several cases
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
by this Court, I am of the firm view that the petitioners'
further detention is unnecessary. Hence, I hold that the
petitioners are entitled to be enlarged on bail; but subject
to stringent conditions.
In the result, the applications are allowed, by
directing the petitioners to be released on bail in each
crime, on them executing a bond for Rs.1,00,000/- (Rupees
one lakh only) with two solvent sureties each for the like
sum, in each of the crimes to the satisfaction of the courts
having jurisdiction, which shall be subject to the following
conditions:
(i) The petitioners shall appear before the
Investigating Officers on every fourth Saturday
between 9 a.m. and 11 a.m till the final reports are
laid. They shall also appear before the Investigating
Officers as and when required;
(ii) The petitioners shall not directly or indirectly make
any inducement, threat or procure 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 or tamper with the evidence in any
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
manner, whatsoever;
(iii) The petitioners shall not commit any offence while
they are on bail;
(iv) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
empowered to consider the application for cancellation
of bail, if any filed, and pass orders on the same, in
accordance with law.
(v) Applications for deletion/modification of the bail
conditions shall be moved and entertained by the court
below.
(vi) 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 petitioners even while
the petitioners are 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/-
C.S.DIAS,JUDGE
rkc/17.10.24
BAIL APPL. Nos.8435, 8436, 8437, 8449, 8472, 8474, 8529, 8531& 8532
OF 2024
2024:KER:77080
APPENDIX OF BAIL APPL. 8472/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 344 OF
2024 DATED 10.5.2024 OF NEYYAR DAM POLICE
STATION IN THIRUVANANTHAPURAM [RURAL]
DISTRICT
