Satheeshmon T.K vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.)

The petitioner is the accused in Crime No. 50 of 2024 of Kanjikkuzhi Police Station. The above case is registered alleging offences punishable under Secs. 294(b), 323 and 506

(i) of IPC r/w Sec. 75 of Juvenile Justice Act.

The prosecution case is that on 28.01.2024 at about 10 pm, the petitioner beaten the defacto complainant with whom the petitioner had living together relationship and hold on the neck and again beaten on the face and back of the defacto complainant. It is alleged that on seeing that, the child aged 5 years cried and the petitioner beaten the child also and thereby committed the offences.

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

It is submitted that the petitioner and the defacto complainant with the child are residing together and there is no grievance to them. The Public Prosecutor also submitted that they are living together. Considering the facts and circumstances of this case, I think the bail application can be allowed.

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

After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

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 her from disclosing such facts to the Court or to any police officer;

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

5 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;

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.

Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]