Abdul Naser @ Naser vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application is filed under Section 439 of Criminal Procedure Code.

The petitioners are the accused in Crime No. 179/2024 of Kottayi Police Station. The above case is registered alleging offences punishable under Sections 341, 323, 324 and 308 r/w Section 34 of Indian Penal Code.

The prosecution case is that on 10-03-2024, at about 3.30 P.M, the first informant had spread the paddy for drying in a stony area and the 2nd accused had taken his auto rickshaw through the above area and it damaged the paddy. When it was questioned by the first informant, the accused came in confrontation with the first informant. The second accused wrongfully restrained the first informant and assaulted him with hands. The first accused took an iron pipe and hit on the head of the first informant resulting in serious injuries on the head. When the first informant tried to rescue himself, the first accused with the same iron rod beat all over the body of the first informant is the allegation. When the parents and the wife of the first informant came to rescue him, both accused assaulted them also is the further allegation. The petitioners are in judicial custody from 14-03-2024 onwards.

Heard the counsel for the petitioners and the Public Prosecutor. The learned counsel for the petitioners submitted that the present case is a counter blast to another case registered against the de facto complainant, which is pending trial. It is submitted that the petitioners are ready to abide any condition, if this Court grant them bail. The learned Public Prosecutor opposed the bail application and submitted that the allegations against the petitioners are very serious.

This Court considered the contention of the learned counsel for the petitioners and the learned Public Prosecutor. After hearing both sides, I think this bail application can be allowed on stringent conditions. The petitioners are in custody from 14-03-2024. Indefinite incarceration is not necessary in the facts and circumstances of the case. Stringent conditions can be imposed while granting bail.

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.

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:

i. 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 Court.

ii. The petitioners shall appear before the Investigating Officer for interrogation as and when required. 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 them from disclosing such facts to the Court or to any police officer.

iii. Petitioners shall not leave India without permission of the jurisdictional Court.

iv. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected.

v. The petitioners shall appear before the investigating officer on all Mondays till final report is filed.

vi. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.