Amar vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.).

Petitioners are the accused in Crime No.848/2022 of Chavakkad Police Station. The above case is registered against the petitioners alleging offences punishable under Secs. 341, 323, 324 r/w 34 IPC. Subsequently, the offence under Sec. 308 IPC is also added.

The prosecution case is that on 15.10.2022 at 8.45 pm, the petitioners in furtherance of their common intention attacked the defacto complainant at Baby Road Centre and beat him with iron pipes and voluntary caused grievous hurt to him and attempted to commit culpable homicide.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The counsel for the petitioners submitted that the petitioners have not committed any offence. The counsel submitted that the injured in this case has not sustained any serious injuries and Sec. 308 IPC is added only to see that the petitioners are behind the bar. The Public Prosecutor opposed the bail application.

After hearing both sides, I think this bail application can be allowed on stringent conditions. Originally, the offence under Sec. 308 IPC was not included. So Sec. 308 IPC is added subsequently. Whether the offence under Sec. 308 IPC is made out or not is a matter to be decided at the time of investigation and trial, if any. Considering the facts and circumstances of this case, I am of the considered opinion that the custodial interrogation of the petitioners are not necessary in this case. They can be released on bail after imposing stringent conditions.

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:

Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

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;

Petitioners shall not leave India without permission of the jurisdictional Court;

Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected;

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.