Sunil Kumar 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. 1507 of 2023 of Chadayamangalam Police Station, Kollam. The above case is registered against the petitioner alleging offences punishable under Sections 294(b), 452, 324 and 326 r/w 34 of Indian Penal Code (I.P.C.).

The prosecution case in brief is that, on 16.09.2022, the petitioner attacked the de-facto complainant by hitting on his right with a stick and the de-facto complainant sustained serious injuries. The First Information Statement was registered on 11.10.2022.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that the allegation against the petitioner is false. Two other cases are registered against the de-facto complainant based on the complaint from the petitioner. The learned counsel for the petitioner submitted that the petitioner is a physically handicapped person and he has not committed any offence. The learned Public Prosecutor seriously opposed the bail application.

It is true that the allegation against the petitioner is very serious. But, considering the facts and circumstances of the case, I think this bail application can be allowed on stringent conditions. There are allegations and counter allegations between the parties. Cases are registered against the petitioner and the de-facto complainant and his family. In such circumstances, there can be a direction to the petitioner not to enter the jurisdictional limits of Chadayamangalam Police Station for a period of 30 days, so that, the investigation of the case can be completed. There can be a further condition that if the petitioner commit similar offence, the investigating officer can file appropriate application before the court concerned for cancellation of bail and if such application is filed, the court concerned can pass appropriate orders in accordance with law. With these riders, this 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) each 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 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 he is accused, or suspected, of the commission of which he is suspected;

The petitioner shall not enter the jurisdictional limits of Chadayamangalam Police Station for a period of 30 days from the date of his surrender before the investigating officer. At the time of surrender the petitioner shall furnish the address where he is going to reside in the above period to the investigating officer along with his phone number.

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.