Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944 BAIL APPL. NO. 3252 OF 2022 CRIME NO.280/2022 OF Vadakkekara Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT IN CRMP 813/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR PETITIONER/S: JOLLY AGED 41 YEARS S/O.JOSE, THAIPARAMBIL HOUSE, KAZHUKKOLIPALAM, KOOTTUKAD, CHENDAMANGALAM. P.O., ERNAKULAM DISTRICT, PIN - 683521 BY ADVS. DINESH MATHEW J.MURICKEN NAYANA VARGHESE RESPONDENT/S: STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, VADAKKEKKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT. NEEMA T.V . SR.GP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
P.V.KUNHIKRISHNAN, J.
====================================================== B.A.No.3252 of 2022 ============================================================= Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. Petitioner is the accused in Crime No.280 of 2022 of
Vadakkekkara Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 447, 326 and 308 IPC and the petitioner was arrested on 05.04.2022 and he is in custody. 3.The prosecution case is that the petitioner, due to enmity towards the de facto complainant, the accused trespassed into the house of the de facto complainant on 04.04.2022 and assaulted the father of the de facto complainant with a chopper. It is alleged that the father of the de facto complainant sustained serious injuries to the middle finger and ring finger of his right -3- hand. Hence, it is alleged that the accused committed the offence.
4. Heard counsel for the petitioner and the Public Prosecutor.
The counsel for the petitioner submitted that the petitioner is in custody from 05.04.2022 onwards. The counsel submitted that no serious injury sustained to the injured. The counsel submitted that the petitioner is ready to abide any condition if this Court grant him bail. The learned Public Prosecutor opposed the bail application. It is true that the allegation against the petitioner is very serious. But the petitioner is in custody from 05.04.2022 onwards. The investigation of the case is almost over. Considering the facts and circumstances of the case and also considering the period of detention, I think the petitioner can be released on bail on stringent conditions.
5. Moreover, it is a well accepted principle that the bail is
the rule and the jail is the exception. The Hon'ble Supreme -4- 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.
6. 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 be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. The 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 -5-
facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. 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.
5. Petitioner shall appear before the Investigating Officer on all Mondays at 10 am till the final report is filed.
6. 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 there is any violation of the above conditions.
sd/- P.V.KUNHIKRISHNAN JUDGE das -6- APPENDIX OF BAIL APPL. 3252/2022 PETITIONER ANNEXURES Annexure A1 PHOTOCOPY OF THE ORDER IN CRL.M.P.NO.813/2022 PASSED BY THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NORTH PARAVUR DATED 07.04.2022 Annexure A2 CERTIFIED COPY OF THE ORDER IN CRL.M.C.NO.883/2022 PASSED BY THE ADDITIONAL SESSION COURT-I (VACATION COURT), ERNAKULAM DATED 20.04.2022