Surendran vs State Of Kerala

P.V.Kunhikrishnan, J

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

Petitioners are the accused in Crime No.1152/2022 of Peramangalam Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 341, 323, 326, 294(b) and 506 r/w 34 IPC.

The prosecution case is that on 26.12.2022 at about 09.30 pm, petitioners along with other accused persons attacked the defacto complainant and his brothers using iron pipes and abused them and hence the petitioners committed the above said offences.

Heard the learned counsel for the petitioners and the learned Public Prosecutor. Counsel for the petitioners submitted that the allegation against the petitioners are false. The counsel submitted that there is case and counter case. The counsel also submitted that the counter case is numbered as Crime No.1151/2022 which is registered first. The counsel also submitted that the petitioners are ready to abide any conditions, if this Court grant them bail. The learned Public Prosecutor on the other hand seriously opposed the Bail application.

After hearing both sides, I think this Bail application can be allowed on stringent conditions. Admittedly, there is case and counter case. The 1st and 2nd petitioners also sustained injuries as evident by Annexures A2 and A3. Annexure A4 is the FIR in the counter case.

Considering the facts and circumstances of the case, 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 appear before the Investigating Officer within ten days from today and shall undergo interrogation;

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;

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;

Petitioners shall appear before the Investigating Officer on all Mondays at 11 a.m. 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.