Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945 BAIL APPL. NO. 6485 OF 2021 PETITIONER/ACCUSED: TIMMY CELESTINE AGED 60 YEARS S/O.CELESTINE, BHALUMMAL HOUSE, KANNAMAALI, COCHIN - 682 007. BY ADV K.MOHAMMED RAFEEQ RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 STATION HOUSE OFFICER VADANAPPALLY POLICE STATION, THRISSUR DISTRICT - 680 569. OTHER PRESENT: SMT.MAYA.M.N, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ ---------------------------------------------- Dated this the 24th day of July, 2023
ORDER
This Bail Application is filed under Section 438 of Criminal Procedure Code (Cr.P.C.)
2. The prosecution case is that the accused in
this case took an Innova Car from the de facto complainant and without returning the same to the de facto complainant, the same is transferred to a third person.
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
4. This Bail Application is pending before this Court from 2021 onwards. When this Bail Application came up for consideration on 09.09.2021 this Court passed an order to the effect that the petitioner shall not be arrested. That order is in force evennow.
5. When this Bail Application came up for consideration on 04.07.2023, this Court passed the following order:
“The learned Public Prosecutor submitted that the petitioner is involved in Crime No.78 of 2021 of Vadanappally police station as the 4th accused. It is also submitted that the investigating officer was not able to interrogate the petitioner and the interrogation is necessary. The petitioner will appear before the investigating officer on 14.07.2023 and the investigating officer is free to interrogate the petitioner. If necessary, the investigating officer is also free to direct the petitioner to appear before him on subsequent days also. The petitioner shall not be arrested while interrogation. After interrogation, the investigating officer will submit a report before this Court.
Post on 24.07.2023. Issue a copy of this order to the learned public prosecutor for communicate the same to the investigating officer.”
6. Today, when this Bail Application came up for consideration, the learned Public Prosecutor submitted that eventhough the petitioner appeared before the investigating officer, the petitioner is not co-operating with the investigation. The learned Public Prosecutor also submitted that the Car involved in this case is not recovered.
7. Admittedly, the petitioner is the 4 th accused. The car is taken from the de facto complainant by the other accused. The case is registered in the year
2021. Evennow, the investigating officer is not able to
locate the car. In such circumstances, I am of the considered opinion that, this Bail Application need not be rejected, at this distance of time. For the purpose of recovering the car, the Bail Application cannot be rejected. The petitioner can be directed to surrender before the investigating officer and co-operate with the investigation. There can be stringent conditions also while granting bail.
8. 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 in as much 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.
9. 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. Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;
2. After interrogation, if the Investigating
Officer proposes 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 officer concerned;
3. 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 them 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. The petitioner shall appear before the investigating officer on all Monday’s at 10.a.m., till final report is filed.
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