Hashir Chakkuvalappil vs State Of Kerala

P.V.Kunhikrishnan, J

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

Petitioner is one of the accused in Crime No.75 of 2022 of Bakel Police Station. The above case is registered against the petitioner and other accused alleging offences punishable under Sections 143, 147, 148, 286, 341, 427, 324 and 307 read with 149 IPC. The offences under the Explosives Act and Arms Act are also alleged. The petitioner was arrested on 30.03.2022 and he is in custody.

3.The prosecution case is that on 16.01.2022 at 9 pm the accused formed an unlawful assembly armed with deadly weapons, explosive crackers etc. It is also alleged that assailants wrongfully restrained the injured and attacked with dangerous weapons. Hence, it is alleged that the accused committed the offence.

Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 30.03.2022 onwards. The counsel submitted that there is no specific overt act attributed against the petitioner. The counsel also submitted that the petitioner is not even identified in the First Information Statement. The counsel also submitted that the petitioner is ready to abide any condition if this Court grant him bail. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner absconded after the incident. The presence of the petitioner may not be available for trial if he is granted bail, is the submission of the Public Prosecutor. It is true that the allegation against the petitioner is very serious. But the petitioner is in custody from 30.03.2022 onwards. The main objection from the side of the prosecution is that the petitioner may abscond if he is released on bail. The same can be protected by directing the petitioner to surrender his Passport and also directing him to appear before the Investigating Officer till the final report is filed. 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.

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 in as much 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:

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.

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 him from disclosing such facts to the Court or to any police officer.

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

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.

Petitioner shall surrender his Passport before the jurisdictional court. If there is no passport, the petitioner will file an affidavit to that effect before the jurisdictional court.

Petitioner shall appear before the Investigating Officer on all Mondays and Fridays at 10 am till the final report is filed.

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.