Jhonson Mathew vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application is filed under Section 439 of Criminal Procedure Code (Cr.P.C.)

The petitioner is the accused in Crime No.202 of 2024 of Erattupettah Police Station. The above case is registered alleging offences punishable under Sections 294(b), 324, 341, 323, 328 and 308 of Indian Penal Code.

The prosecution case is that on 02.03.2024 at around 03.30 p.m near Vagamaon Kurisumala asramam, accused nos 1 to 4 uttered obscene words against the defacto complainant and others. After that accused no. 1 tried to beat one Mahesh Vijayan who is a friend of the defacto complainant. While the defacto complainant tried to restrain him, accused nos.2 to 4 pulled on his shirt and beaten on his back using their hands. At that time accused no.1 attempted to chop the aforesaid Mahesh Vijayan using a chopper, which was thwarted by the defacto complainant and others. At that time accused no.1 stabbed the defacto complainant on his chest portion using a knife which caused injuries on his right palm and abdomen. The aforesaid mahesh Vijayan also got injured during the scuffle. It is also alleged that accused no.2 used pepper spray towards the friends of the defacto complainant. Hence it is alleged that the accused committed the offences punishable under the above sections.

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

The learned counsel for the petitioner submitted that the petitioner was released on interim bail by this Court in connection with the marriage of his daughter and he surrendered back to the jail as directed by this Court. The learned counsel submitted that the offence under Section 308 is the non bailable offence and the same is not attracted to the facts and circumstances of the case. It is 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. Public Prosecutor submitted that the victim sustained very serious injuries.

This Court as per order dated 27.03.2024, granted interim bail to the petitioner. As ordered by this Court, the petitioner surrendered before the jail on 09.04.2024. The petitioner is in custody from 14.03.2024 onwards. It is true that the allegation against the petitioner is very serious and the injuries sustained to the victim is also serious. But considering the fact that the petitioner is in custody from 14.03.2024 onwards, I think bail can be allowed on the 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:

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 they are accused, or suspected, of the commission of which he is suspected.

The petitioner shall appear before the investigating officer on all Mondays till 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.