Salmanul Faris vs State Of Kerala

P.V.Kunhikrishnan, J.

Petitioners are accused Nos.3, 7 & 8 in Crime No.227/2024 of Karippur Police Station. The above case is registered alleging offences punishable under Sections 399, 120(B), 363 read with 511 of the Indian Penal Code.

The prosecution case in brief is that on 20.03.2024 at 10.45 p.m the accused persons, with the intention to robe gold from one Shafeeq after kidnapping him, came to Newman junction in different vehicles to commit the offence.

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

The  learned  counsel  for  the  petitioners submits that no offence is committed by the petitioners and the allegation is only an attempt to commit the offence. It is also submitted that there is no criminal antecedents to the petitioners. The learned Public Prosecutor also submits that there is no criminal antecedents reported against the petitioners.

Considering the facts and circumstances of the case and also considering the fact that the petitioners are in custody from 21.03.2024, I am of the considered opinion that this bail application can be allowed with 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:

i. Petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the jurisdictional Court.

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

iii. Petitioners shall not leave India without permission of the jurisdictional Court.

iv. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected.

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