Kerala High Court
Libin vs State Of Kerala on 22 April, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
BAIL APPL. NO. 5530 OF 2025
CRIME NO.307/2025 OF ALOOR POLICE STATION, THRISSUR
IN CRMP NO.3062 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
CHALAKUDY
PETITIONER:
SIVAN
AGED 25 YEARS
SON OF RAJU, VADAKKEDAN HOUSE, KALETUMKARA, THRISSUR,
PIN - 680683
BY ADVS.
JITHIN BABU A
ARUN SAMUEL
ANOOD JALAL K.J.
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
Adv.Sangeeth Raj.N.R, P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.04.2025,
ALONG WITH Bail Appl..5593/2025, 5661/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
-2-
2025:KER:32832
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
BAIL APPL. NO. 5593 OF 2025
CRIME NO.307/2025 OF ALOOR POLICE STATION, Thrissur
IN CR NO.307 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS
- I, CHALAKUDY
PETITIONER/3RD ACCUSED:
FLEMING
AGED 18 YEARS
S/O.PAULSON, KANNIMEL HOUSE, ASARIMOOLA DESOM,
KALLETTUMKARA VILLAGE, CHALAKUDY TALUK, THRISSUR
DISTRICT, PIN - 680683
BY ADVS.
N.L.BITTO
MITHUL T ANTO
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
Adv.Renjith George, Sr.P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.04.2025, ALONG WITH Bail Appl..5530/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
-3-
2025:KER:32832
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
BAIL APPL. NO. 5661 OF 2025
CRIME NO.307/2025 OF ALOOR POLICE STATION, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 09.04.2025 IN CR NO.307
OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONER/1ST ACCUSED:
LIBIN
AGED 18 YEARS
S/O.LONAPPAN, MAMBRAKKARAN HOUSE, LAKSHAM VEEDU
COLONY, ASARIMOOLA DESOM, KALLETTUMKARA VILLAGE,
CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680683
BY ADVS.
N.L.BITTO
MITHUL T ANTO
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
Adv. Renjith George, Sr.P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.04.2025, ALONG WITH Bail Appl..5530/2025 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
-4-
2025:KER:32832
O R D E R
[Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025]
These Bail Applications are filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita 2023 ( for short 'BNSS').
2. Petitioners are some of the accused in Crime
No.307/2025 of Aloor Police Station registered for the offences
punishable under Sections 189(2), 191(2), 191(3), 126(2), 118
(1), 115 (2), 351(3) and 110 r/w 190 of the Bharatiya Nyaya
Sanhita, 2023.
3. The Prosecution case is that the petitioners formed
themselves into an unlawful assembly on 06.04.2025 at about 3
p.m and attacked the defacto complainant and others by using
scissors. The main allegation against the petitioners is that they
have assaulted the defacto complainant by using their hands and
legs. Thus, the accused allegedly committed the above offences.
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
2025:KER:32832
4. Heard the learned counsel for the petitioners and
the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted
that accused Nos.4 and 5 were already granted bail by this
Court as per order dated 16.04.2025 in B.A No.5575/2025. The
petitioners herein are also similarly placed persons, and their
further incarceration in the jail is not justified in view of
granting bail to the remaining accused.
6. The learned Public Prosecutor opposed the bail
applications. The Public Prosecutor submitted that the
investigation is in progress.
7. 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 [(2020) 13
SCC 791] after considering all the earlier judgments, observed
that, the basic jurisprudence relating to bail remains the same
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
2025:KER:32832
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. Moreover, in Jalaluddin Khan v. Union of India
[2024 KHC 6431], the Hon'ble Supreme Court observed thus:
"21. Before we part with the Judgment, we must
mention here that the Special Court and the High
Court did not consider the material in the charge sheet
objectively. Perhaps the focus was more on the
activities of PFI, and therefore, the appellant's case
could not be properly appreciated. 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 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
Art.21 of our Constitution."
9. In Manish Sisodia v. Directorate of Enforcement
[2024 KHC 6426], also the Hon'ble Supreme Court observed
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
2025:KER:32832
thus:
"53. The Court further 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 punishment. From our
experience, we can say that 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 a
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, this 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 should recognize the
principle that "bail is rule and jail is exception"."
10. Considering the dictum laid down in the above
decisions and considering the facts and circumstances of this
case, these Bail Applications are allowed with the following
directions:
1. The 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
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
2025:KER:32832
Court.
2. The petitioners shall appear before the Investigating
Officer on every Monday between 10.00 am and 11.00
am till the final report is filed or for a period of three
months from the date of his release on bail,
whichever event occurs first.
3. 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
him/her from disclosing such facts to the Court or to
any police officer.
4. The petitioners shall not leave India without
permission of the jurisdictional Court.
5. The petitioners shall not commit an offence similar
to the offence of which he is accused.
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
2025:KER:32832
6. It is made clear that if any of the above conditions
are violated by the petitioners, the prosecution and
the victim are at liberty to approach the jurisdictional
Court for cancellation of bail in accordance with law.
Sd/-
MURALEE KRISHNA S.
JUDGE
JS
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
2025:KER:32832
APPENDIX OF BAIL APPL. 5593/2025
PETITIONER ANNEXURES
Annexure-1 A TRUE COPY OF THE FIR IN CRIME NO.307 OF
2025 OF ALOOR POLICE STATION DATED
06/04/2025
Annexure-2 A TRUE COPY OF THE ORDER IN CRL.MP.3020 OF
2025 OF THE JUDICIAL FIRST MAGISTRATE COURT
CHALAKUDY DATED 09/04/2024
Annexure-3 A TRUE COPY OF THE FIR IN CRIME NO.308 OF
2025 OF ALOOR POLICE STATION DATED
06/04/2025
Annexure-4 A TRUE COPY OF THE REMAND REPORT IN
CRIME NO.307 OF 2025 OF ALOOR POLICE
STATION DATED 06/04/2025
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
2025:KER:32832
APPENDIX OF BAIL APPL. 5661/2025
PETITIONER ANNEXURES
Annexure-1 A TRUE COPY OF THE FIR IN CRIME NO.307 OF
2025 OF ALOOR POLICE STATION DATED
06/04/2025
Annexure-2 A TRUE COPY OF THE ORDER IN CRL.MP.3020 OF
2025 OF THE JUDICIAL FIRST MAGISTRATE COURT
CHALAKUDY DATED 09/04/2024
Annexure-3 A TRUE COPY OF THE FIR IN CRIME NO.308 OF
2025 OF ALOOR POLICE STATION DATED
06/04/2025
Annexure-4 A TRUE COPY OF THE REMAND REPORT IN
CRIME NO.307 OF 2025 OF ALOOR POLICE
STATION DATED 06/04/2025
Bail Appl. Nos.5530/2025, 5593/2025, 5661/2025
2025:KER:32832
APPENDIX OF BAIL APPL. 5530/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO. 307/2025
OF ALOOR POLICE STATION.
Annexure 2 A TRUE COPY OF THE ORDER DATED 10/04/2025
IN CRL. M.P. NO. 3062/2025 BY JFCM,
CHALAKUDY..
