Prashob V. M 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. 374 of 2023 of Hosdurg Police Station. The above case is registered against the petitioners and others alleging offences punishable under Sections 143, 147, 148, 324, 307 r/w 149 IPC. The petitioners are accused Nos.2 and 3 in the above crime.

It is alleged that on 17.03.2023 at 6 pm, the accused who were 6 in numbers in prosecution of their common object formed themselves into an unlawful assembly armed with deadly weapons, voluntarily caused hurt to the defacto complainant by beating him with steel rod and helmet. It is also alleged that the accused used knife also. The defacto complainant sustained serious injuries. Hence, it is alleged that the accused committed the offences.

The counsel for the petitioners submitted that the petitioners are in custody from 31.03.2023. The counsel submitted that the main allegation is against the 1st accused and he used the knife. The counsel also submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioners committed serious offences.

This Court considered the contentions of the petitioners and the Public Prosecutor. After hearing both sides, I think this bail application can be allowed on stringent conditions. The petitioners are in custody from 31.03.2023 onwards. Indefinite incarceration of the petitioners is not necessary. Moreover, the main overtact is attributed to the 1st accused. Considering the facts and circumstances of this case and also considering the fact that the petitioners are in custody from 31.03.2023 onwards, I think this bail application can be allowed on stringent conditions. There can be a direction to the petitioners to appear before the investigating officer on all Mondays till final report is filed.

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 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 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.

The petitioners shall appear before the investigating officer on all Mondays at 11 am till final report is filed.

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.