Abhijith @ Meettu and Abhinand @ Pattu v State of Kerala

BAIL APPL. NO. 4114 OF 2025 1 2025:KER:28272 **==> picture [58 x 57] intentionally omitted <==** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 2[ND] DAY OF APRIL 2025 / 12TH CHAITHRA, 1947** **BAIL APPL. NO. 4114 OF 2025** **CRIME NO.150/2025 OF CHITHARA POLICE STATION, Kollam** **AGAINST THE ORDER/JUDGMENT DATED 04.03.2025 IN CRMC NO.411 OF 2025 OF DISTRICT COURT & SESSIONS COURT,KOLLAM** ## **PETITIONER/S:** **1 ABHIJITH @ MEETTU AGED 20 YEARS S/O MINI, MAHAGONY COLONY [ EX COLONY] CHITHARA,KOLLAM[RURAL],KOLLAM DISTRICT, PIN - 691559 2 ABHINAND @ PATTU AGED 19 YEARS S/O SHYNI, MAHAGONY COLONY [EX COLONY] CHITHARA,KOLLAM[RURAL], KOLLAM DISTRICT, PIN - 691559** **BY ADVS. GAYATHRI MURALEEDHARAN ARCHANA B. STEFIN THOMAS NAEEM** ## **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031** BAIL APPL. NO. 4114 OF 2025 2 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:28272 ## **OTHER PRESENT:** ## **PP- G SUDHEER** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 4114 OF 2025 3 2025:KER:28272 **==> picture [58 x 57] intentionally omitted <==** ## **P.V.KUNHIKRISHNAN, J** **–-------------------------------------** **B.A. No.4114 of 2025** **-------------------------------------Dated this the 2[nd] day of April, 2025** ## **O R D E R** This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. The petitioners are accused Nos. 2 and 3 in Crime No.150/2025 of Chithara Police Station. The above case is registered against the petitioners alleging offences punishable under Secs. 333, 296(b), 74, 110 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The Prosecution case is that, on 28/01/2025 at 10.p.m, accused Nos.1 to 3 unlawfully trespassed into house No.17 in Mahagony Colony block, chithara village, where the defacto complainant and their family resided. The 1st accused verbally abused and forcefully struck the defacto complainant's BAIL APPL. NO. 4114 OF 2025 4 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:28272 forehead with a metal container causing a deep wound that required eight stitches. Accused Nos.1 to 3 grabbed the defacto complainant by the shoulders and pushed the defacto complainant backward. Thus the accused person thereby committed the above said offences. 4. Heard counsel for the petitioners and the Public Prosecutor. 5. The counsel for the petitioners submitted that the main allegation is against the 1[st] accused. The counsel submitted that the 1[st] accused is already surrendered as directed by this Court as per order dated 11.03.2025 in BA No. 3016/2025 and he is already released on bail. It is submitted that there is no serious overtact to the petitioners, who are accused Nos. 2 and 3. The Public Prosecutor opposed the bail application. 6. This Court considered the contentions of the petitioners and the Public Prosecutor. It is true that the main allegation is against the 1[st] accused. The petitioners are accused Nos. 2 and 3. As per the report received by the Public BAIL APPL. NO. 4114 OF 2025 5 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:28272 Prosecutor, no criminal antecedents are alleged against the petitioners. Considering the facts and circumstances of this case, I think the petitioners can be released on bail, after imposing stringent conditions. 7. 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. 8. Recently the Apex Court in **Siddharth v State of Uttar Pradesh and Another [2021(5)KHC 353]** considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder. “12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or BAIL APPL. NO. 4114 OF 2025 6 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:28272 where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.” 9. In **Manish Sisodia v. Central Bureau of** **Investigation [2023 KHC 6961]** , the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case. 10. 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: 1. The petitioners shall appear BAIL APPL. NO. 4114 OF 2025 7 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:28272 before the Investigating Officer within two weeks from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose 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) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned. 3. The 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 him/her from disclosing such facts to the Court or to BAIL APPL. NO. 4114 OF 2025 8 2025:KER:28272 **==> picture [58 x 57] intentionally omitted <==** any police officer. 4. Petitioners shall not leave India without permission of the jurisdictional Court. 5. 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. 6. 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 petitioners even while the petitioners are 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]. 7. The observations and findings in this order is only for the purpose of BAIL APPL. NO. 4114 OF 2025 9 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:28272 deciding this bail application. The principle laid down by this Court in **Anzar Azeez v.** **State of Kerala** [2025 SCC OnLine KER 1260] is applicable in this case also. 8. 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. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. **Sd/-** **P.V.KUNHIKRISHNAN JUDGE** SKS