Suresh Babu vs State Of Kerala

Gopinath P., J

The petitioners in B.A. No.618/2022 are the accused Nos.18 & 19 in Crime No.621/2021 of Mannanchery Police Station, Alappuzha District

alleging commission of offences under Sections 143, 147, 148, 324, 302, 212, 120 (B) read with Section 149 of the Indian Penal Code.

Sri. P. Vijayabhanu, the learned Senior Counsel appearing for the petitioners would submit that in so far as the petitioners in these cases are

concerned the only offence alleged against them is that under Section 212 of the Indian Penal Code, which is a bailable offence. It is submitted that

going by the judgment of the Supreme Court in Rasiklal v. Kishore [2009 (4) SCC 446] where an accused is alleged to have committed only a

bailable offence, it is his right to be released on bail. He relied on the following observation in the aforesaid judgment.

“There is no doubt that under Section 436 of the Code of Criminal Procedure a person accused of a bailable offence is entitled to be released on bail pending

his trial. As soon as it appears that the accused person is prepared to give bail, the police officer or the court before whom he offers to give bail, is bound to

release him on such terms as to bail as may appear to the officer or the Court to be reasonable. It would even be open to the officer or the Court to discharge such

person on his executing a bond as provided in the Section instead of taking bail from him.â€​

The learned Public Prosecutor would submit that the allegation against the 1st petitioner in B.A. No.618/2022 is that he harboured accused No.10 in

the case. In so far as the 2nd petitioner in B.A. No.618/2022 is concerned the allegation is that he harboured accused Nos.2 to 6 and also arranged a

vehicle for them on the instructions of accused No.1o.

The petitioner in B.A. No.658/2022 is accused No.21 in Crime No.621/2021 of Mannanchery Police Station. There again the allegation relates to an

offence under Section 212 of the IPC.

The learned Public Prosecutor submits that the allegation against the accused No.21 is that he harboured accused Nos. 2 to 6 in the case.

I have through my order dated 13-01-2022 in B.A. No.144/2022 granted bail to some other accused in the case who are similarly situated. For

reasons indicated in that order and subject to conditions imposed in that order, the petitioners in these cases can also be directed to be released on bail.

In the result these bail applications are allowed. It is directed that the petitioners in these cases shall be released on bail, subject to the following

conditions:-

(i) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the

Jurisdictional Court;

(ii) Petitioners shall report before the investigating officer in Crime No.621/2021 of Mannanchery Police Station, Alappuzha District, as and when called upon to do

so;

(iii) Petitioners shall not enter the Alappuzha District, except for the purpose of complying with any instruction issued by the investigating officer in Crime

No.621/2021 of Mannanchery Police Station, Alappuzha District;

(iv) Petitioners shall not attempt to or to influence or intimidate any witness in Crime No.621/2021 of Mannanchery Police Station, Alappuzha District;

(v) Petitioners shall surrender their passport before the Jurisdictional Magistrate. If they or anyone among them do not have a passport an affidavit shall be executed

to that effect and filed before the said court within seven days of release on bail;

(vi) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.621/2021 of Mannanchery Police Station, Alappuzha may file an

application before the Jurisdictional Court for cancellation of bail.