Akhil Sukumaran @ Dilu vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application is filed under Section 439 of Criminal Procedure Code, 1973.

The petitioner is the second accused in Crime No.429 of 2023 of Thiruvalla Police Station, Pathanamthitta. The above case is registered against the petitioner alleging offence punishable under Sections 294(b) and 307 read with Section 34 of the Indian Penal Code, 1860.

The prosecution case in brief is as follows:

It is alleged that due to previous animosity towards the de facto complainant, on 29.03.2023, at about 11.00 pm, the first accused stabbed the friend of the de facto complainant on the chest with knife. When the de facto complainant tried to save him, the first accused stabbed the de facto complainant on his shoulder and abdomen. The first accused also stabbed the relative of the de facto complainant on the back of his body and thereby, committed the offences. The petitioner is the second accused. The petitioner was arrested on 01.04.2023 and he is in custody.

Heard the counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submits that the petitioner is in custody from 01.04.2023 onwards. The counsel submits that there is no serious overt act attributed to the petitioner. The counsel also submits that the petitioner is ready to abide any conditions, if this Court grant him bail. The Public Prosecutor submitted that, if this Court is inclined to grant bail, stringent conditions may be imposed.

After hearing both sides, I think that this bail application can be allowed on stringent conditions. The petitioner can be directed to appear before the Investigating Officer on all Mondays and Fridays till final report is filed. With that rider, this bail application can be allowed.

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) 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.

(ii)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 facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.

(iii)Petitioner shall not leave India without permission of the jurisdictional Court.

(iv) Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

(v) Petitioner shall appear before the Investigating Officer on all Mondays and Fridays at 11.00 am till the final report is filed.

(vi)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.