Kerala High Court
Jayaprakash vs State Of Kerala on 12 March, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
BAIL APPL. NO. 3112 OF 2025 1
2025:KER:21468
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 12TH DAY OF MARCH 2025 / 21ST PHALGUNA, 1946
BAIL APPL. NO. 3112 OF 2025
CRIME NO.184/2025 OF Peerumedu Police Station, Idukki
PETITIONER/S:
JAYAPRAKASH
AGED 47 YEARS
PUTHANPURAKAL, PALLIKKUNNU, PALLIKKUNNU P.O.,
ELAPPARA, IDUKKI, PIN - 685531
BY ADVS.
TITUS MANI
N.S.RADHAKRISHNAN
SUNILA KUMARI P.G.
P.A.JACOB
BINNY THOMAS
SWAROOP A.P.
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP-HRITHWIK.C.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3112 OF 2025 2
2025:KER:21468
P.V.KUNHIKRISHNAN, J
--------------------------------------
B.A. No. 3112 of 2025
--------------------------------------
Dated this the 12th day of March, 2025
ORDER
This Bail Application is filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita.
2. The petitioner is an accused in Crime No.
184/2025 of Peerumedu Police Station. The above case is
registered against the petitioner alleging offences punishable
under Sec.85 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
3. The prosecution case is that the petitioner
mentally and physically harassed the defacto complainant, who
is the wife of the petitioner.
4. Heard counsel for the petitioner and the Public
Prosecutor.
5. The counsel for the petitioner submitted that
2025:KER:21468
the matrimonial relationship between the petitioner and the
defacto complainant is in existence. The counsel submitted
that the petitioner is ready to abide any conditions, if this
Court grants him bail. The Public Prosecutor opposed the bail
application.
6. Admittedly, there are some matrimonial
disputes between the petitioner and the defacto complainant.
The defacto complainant is the wife of the petitioner. The
matrimonial relationship is in existence even now. Considering
the facts and circumstances of this case, I think the petitioner
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.
2025:KER:21468
8. Recently the Apex Court in Siddharth v State
of Uttar Pradesh and Another [2021(5)KHC 353]
considered the point in detail. The relevant paragraph of the
above judgment is extracted hereunder.
"12. We may note that personal liberty is an important aspect
of our constitutional mandate. The occasion to arrest an
accused during investigation arises when custodial
investigation becomes necessary or it is a heinous crime or
where there is a possibility of influencing the witnesses or
accused may abscond. Merely because an arrest can be made
because it is lawful does not mandate that arrest must be
made. A distinction must be made between the existence of
the power to arrest and the justification for exercise of it.
(Joginder Kumar v. State of UP and Others (1994 KHC 189:
(1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR
1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it
can cause incalculable harm to the reputation and self-esteem
of a person. If the Investigating Officer has no reason to
believe that the accused will abscond or disobey summons
and has, in fact, throughout cooperated with the investigation
we fail to appreciate why there should be a compulsion on the
officer to arrest the accused."
9. In Manish Sisodia v. Central Bureau of
Investigation [2023 KHC 6961], the Apex Court observed
2025:KER:21468
that even if the allegation is one of grave economic offence, it
is not a rule that bail should be denied in every case.
10. 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. The petitioner shall appear
before the Investigating Officer within two
weeks from today and shall undergo
interrogation.
2. After interrogation, if the
Investigating Officer propose to arrest the
petitioner, he shall be released on bail on
executing a bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with two
solvent sureties each for the like sum to the
satisfaction of the arresting officer
concerned.
3. The petitioner shall appear
2025:KER:21468
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.
4. Petitioner shall not leave
India without permission of the jurisdictional
Court.
5. Petitioner shall not commit an
offence similar to the offence of which he is
accused, or suspected, of the commission of
which he is suspected.
6. Needless to mention, it would
be well within the powers of the investigating
officer to investigate the matter and, if
2025:KER:21468
necessary, to effect recoveries on the
information, if any, given by the petitioner
even while the petitioner is 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].
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. The prosecution and the victim are at
liberty to approach the jurisdictional Court to
cancel the bail, if any of the above conditions
are violated.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
