Santhosh vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application is filed under Section 438 of Criminal Procedure Code.

The petitioners are the accused in Crime No.234/2023 of Peechi Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 294(b), 323, 341, 354, 506 read with Section 34 Indian Penal Code.

The prosecution case is that on 15.04.2023 at about 5 pm, the accused persons assaulted the defacto complainant and thus committed the above said offences.

Heard the counsel for the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that only non-bailable offence alleged against the petitioners is under Section 354 IPC. The counsel submitted that even if the entire allegations are accepted, the offence under Section 354 IPC is not made out. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The Public Prosecutor opposed the bail application.

This Court considered the contentions of the petitioners and the Public Prosecutor. The non-bailable offence alleged against the petitioners is under Section 354 IPC. Whether the offence under Section 354 IPC is made out in the facts and circumstances of this case is a matter to be investigated. Considering the facts and circumstances of the case, I think this bail application can be allowed imposing stringent conditions. There can be a direction to the petitioners to appear before the Investigating Officer once in a week 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:

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

ii) 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;

iii) 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;

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

v) 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;

vi) The petitioners shall appear before the Investigating Officer on all Mondays at 11 am till Final Report is filed.

vii) 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.