ABIJITH @ ACHU v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 19[TH] DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 BAIL APPL. NO. 3153 OF 2024 ``` ``` CRIME NO.0394/2024 OF THALAYOLAPARAMBU POLICE STATION, ``` ``` Kottayam ``` ## **`PETITIONER/ACCUSED:`** ``` ABIJITH @ ACHU AGED 23 YEARS S/O CHANDRAN KOCHUPURAKKAL (H) EDAVATTOM P.O KOTTAYAM, PIN - 686605 ``` ``` BY ADVS. LEEJOY MATHEW.V. SABU S.KALLARAMOOLA RAKESH LEO ABY GEORGE SIMSAR UL HAQ K.Y ``` ``` RESPONDENT: ``` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY SMT SEENA C, PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.3153 of 2024 2 ## **`P.V.KUNHIKRISHNAN, J.`** ``` ------------------------------------------- B.A.No.3153 of 2024 ------------------------------------------- Dated this the 19[th] day of of April, 2024 ``` ## **`O R D E R`** ``` This Bail Application is filed under Section 438 of Criminal Procedure Code (Cr.P.C.) ``` ``` 2. Petitioner is one of the accused in Crime No.394 of 2024 of Thalayolaparambu Police Station, Kottayam District. The above case is registered against the petitioner and others alleging offences punishable under Sections 294(b), 341, 323, 363, 365 & 368 r/w Section 34 of the Indian Penal Code. ``` ``` 3. The prosecution case is that, a verbal tussle happened between the petitioner and the de facto complainant in a cinema theater and due to the said enmity, the petitioner along with the ``` B.A.No.3153 of 2024 3 ``` other three accused followed the de facto complainant on 05-04-2024 at about 9.30 P.M, and accused nos. 1 and 2 shouted at the de facto complainant with obscene words and made him mentally helpless. It is also alleged that accused nos.3 and 4 beaten the de facto complainant with their hands over his head and they together took him in a bike of the accused nos.1 and 2, and hide the de facto complainant in chunkam area saying that the de facto complainant will be released only if his friends or family members come to the said place. ``` ``` 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Counsel for the petitioner submitted that even if the entire allegations are accepted, no offence under Section 363 IPC is made out. It is ``` B.A.No.3153 of 2024 4 ``` also submitted that the common friends of the de facto complainant and the petitioner want to settle the issue between them, and the de facto complainant himself came along with accused nos.3 and 4 to the place of the petitioner to settle the matter with each other. Hence, there is no offence made out. The learned Public Prosecutor opposed the Bail application. ``` ``` 5.After hearing both sides, I think the bail application can be allowed on stringent conditions. I do not want to make any observation about the merit of the case. The petitioner is aged only 23 years. There is no criminal antecedence alleged against the petitioner. Considering the facts and circumstances of the case, I think this bail application can be allowed on stringent conditions. There can be a direction ``` B.A.No.3153 of 2024 5 ``` to the petitioner to appear before the investigating officer twice in a week till final report is filed. ``` ``` 6. 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. ``` ``` 7.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: ``` B.A.No.3153 of 2024 6 ``` i. Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation; ``` ``` ii. 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; ``` ``` iii. 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; ``` B.A.No.3153 of 2024 7 ``` iv. Petitioner shall not leave India without permission of the jurisdictional Court; ``` ``` v. 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; ``` ``` vi. The petitioner shall appear before the investigating officer on all Mondays and Fridays at 10.00 AM till final report is filed. ``` ``` vii. 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]. ``` B.A.No.3153 of 2024 8 ``` viii. 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. ``` ``` Sd/- ``` ``` P.V.KUNHIKRISHNAN JUDGE ``` ``` sp/19/04/2024 ```