Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 BAIL APPL. NO. 618 OF 2022 CRIME NO.621/2021 OF MANNANCHERRY POLICE STATION, Alappuzha AGAINST THE ORDER IN CMP 13/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE),ALAPPUZHA PETITIONERS/ACCUSED Nos. 18 & 19 1 SURESH BABU AGED 48 YEARS S/O.CHELLAPPAN, ITHICHIRA, THANNERMUKKOM P.O., CHERTHALA, ALAPPUZHA - 688 527. 2 ANILKUMAR V. AGED 34 YEARS S/O.VIJAYA KUMAR, ERAMATHU VELIYIL, CHERTHALA, ALAPPUZHA - 688 524. BY ADVS. P.VIJAYA BHANU (SR.) P.M.RAFIQ SRUTHY N. BHAT M.REVIKRISHNAN AJEESH K.SASI MITHA SUDHINDRAN RAHUL SUNIL SRUTHY K.K RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY ADV. SRI. SAJJU S. (SR. P.P) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2022, ALONG WITH Bail Appl..658/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. Nos.618 & 658/2022 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 BAIL APPL. NO. 658 OF 2022 CRIME NO.621/2021 OF MANNANCHERRY POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED: SHAJI AGED 44 YEARS THEKKEKOOTHUVELI, SOUTH OF MAHAVISHNU TEMPLE, AREEPARAMBU, CHERTHALA SOUTH VILLAGE, WARD NO. 15, CHERTHALA SOUTH PANCHAYATH, ALAPPUZHA, PIN - 688524. BY ADVS. SRUTHY N. BHAT P.M.RAFIQ AJEESH K.SASI M.REVIKRISHNAN RAHUL SUNIL MITHA SUDHINDRAN SRUTHY K.K
RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV. SRI. SAJJU S. (SR. P.P) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2022, ALONG WITH Bail Appl..618/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. Nos.618 & 658/2022 -3-
ORDER
[Bail Appl. Nos.618 & 658/2022] The petitioners in B.A. No.618/2022 are the accused Nos.18 & 19 in Crime No.621/2021 of Mannanchery Police Station, Alappuzha District alleging commission of offences under Sections 143, 147, 148, 324, 302, 212, 120 (B) read with Section 149 of the Indian Penal Code.
2. Sri. P. Vijayabhanu, the learned Senior Counsel appearing for the
petitioners would submit that in so far as the petitioners in these cases are concerned the only offence alleged against them is that under Section 212 of the Indian Penal Code, which is a bailable offence. It is submitted that going by the judgment of the Supreme Court in Rasiklal v. Kishore [2009 (4) SCC 446] where an accused is alleged to have committed only a bailable offence, it is his right to be released on bail. He relied on the following observation in the aforesaid judgment.
“There is no doubt that under Section 436 of the Code of Criminal Procedure a person accused of a bailable offence is entitled to be released on bail pending his trial. As soon as it appears that the accused person is prepared to give bail, the police officer or the court before whom he offers to give bail, is bound to release him on such terms as to bail as may appear to the officer or the Court to be reasonable. It would even be open to the officer or the Court to discharge such person on his executing a bond as provided in the Section instead of taking bail from him.”
3. The learned Public Prosecutor would submit that the allegation
against the 1st petitioner in B.A. No.618/2022 is that he harboured accused No.10 in the case. In so far as the 2 nd petitioner in B.A. No.618/2022 is concerned the allegation is that he harboured accused Nos.2 to 6 and also B.A. Nos.618 & 658/2022 -4- arranged a vehicle for them on the instructions of accused No.1o.
4. The petitioner in B.A. No.658/2022 is accused No.21 in Crime No.621/2021 of Mannanchery Police Station. There again the allegation relates to an offence under Section 212 of the IPC.
5. The learned Public Prosecutor submits that the allegation against the accused No.21 is that he harboured accused Nos. 2 to 6 in the case.
6. I have through my order dated 13-01-2022 in B.A. No.144/2022
granted bail to some other accused in the case who are similarly situated. For reasons indicated in that order and subject to conditions imposed in that order, the petitioners in these cases can also be directed to be released on bail. In the result these bail applications are allowed. It is directed that the petitioners in these cases shall be released on bail, subject to the following conditions:-
(i) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;
(ii) Petitioners shall report before the investigating officer in Crime No.621/2021 of Mannanchery Police Station, Alappuzha District, as and when called upon to do so;
(iii) Petitioners shall not enter the Alappuzha District, except for the
purpose of complying with any instruction issued by the investigating officer B.A. Nos.618 & 658/2022 -5- in Crime No.621/2021 of Mannanchery Police Station, Alappuzha District;
(iv) Petitioners shall not attempt to or to influence or intimidate any witness in Crime No.621/2021 of Mannanchery Police Station, Alappuzha District;
(v) Petitioners shall surrender their passport before the Jurisdictional
Magistrate. If they or anyone among them do not have a passport an affidavit shall be executed to that effect and filed before the said court within seven days of release on bail;
(vi) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.621/2021 of Mannanchery Police Station, Alappuzha may file an application before the Jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AMG B.A. Nos.618 & 658/2022 -6- APPENDIX OF BAIL APPL. 658/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE COMMON ORDER DATED 21-01-2022 IN CMP NO. 28/2022 OF THE COURT OF THE JUDICIAL FIRST-CLASS MAGISTRATE-II, ALAPPUZHA