Afsal N A, Ashique N A and Abdul Azeez N A v State of Kerala

BAIL APPL. NO. 4342 OF 2025 1 2025:KER:29419 **==> picture [58 x 57] intentionally omitted <==** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 4[TH] DAY OF APRIL 2025 / 14TH CHAITHRA, 1947** **BAIL APPL. NO. 4342 OF 2025** **CRIME NO.615/2025 OF ALUVA EAST POLICE STATION, Ernakulam** ## **PETITIONER/S:** - **1 AFSAL N A AGED 32 YEARS S/O ABDUL SALAM, NADUPARAMBIL HOUSE, KUTTAMASSERY, CHALAKKAL, THOTTUMUGHOM P O, ALUVA, PIN - 683105** - **2 ASHIQUE N A AGED 30 YEARS** **S/O ABDUL SALAM, NADUPARAMBIL HOUSE, KUTTAMASSERY, THOTTUMUGHOM P O, ALUVA, PIN - 683105** - **3 ABDUL AZEEZ N A AGED 34 YEARS** - **S/O ABDUL SALAM, NADUPARAMBIL HOUSE, KUTTAMASSERY, THOTTUMUGHOM P O, ALUVA, PIN - 683105** **BY ADVS. ASHEEK ANTONY C.P.TENNY** **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF** BAIL APPL. NO. 4342 OF 2025 2 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:29419 **KERALA, PIN - 682031** ## **OTHER PRESENT:** **SR PP-HRITHWIK C S** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 4342 OF 2025 3 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:29419 ## **P.V.KUNHIKRISHNAN, J** **–-------------------------------------** **B.A. No. 4342 of 2025 -------------------------------------Dated this the 4[th] 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 the accused in Crime No. 615/2025 of Aluva East Police Station. The above case is registered against the petitioners under secs. 126(2), 115(2), 118, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The prosecution case is that, on 18.03.2025 at 8.15 pm, the accused wrongfully confined the victim, assaulted the victim and the victim sustained injury. 4. Heard counsel for the petitioners and the Public Prosecutor. BAIL APPL. NO. 4342 OF 2025 4 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:29419 5. The counsel for the petitioners submitted that the incident is not happened as alleged by the prosecution. The counsel submitted that, actually the 2[nd] petitioner sustained serious injury as evident by Annexure-A2. The counsel submitted that the petitioners are ready to abide any conditions, if this Court grant them bail. The Public Prosecutor opposed the bail application. 6. This Court considered the contentions of the petitioners and the Public Prosecutor. According to the petitioners, the incident is not happened as alleged by the prosecution. The petitioners also sustained injuries and the 2[nd] petitioner sustained serious injuries. To prove the same, the petitioners produced Annexure-A2. I do not want to make any observation about the same. The only non-bailable offence alleged in this case is Sec. 118(1) BNS. The maximum punishment that can be imposed for the offences alleged is 3 years. Considering the facts and circumstances of this case, I think the petitioner can be released on bail, after imposing BAIL APPL. NO. 4342 OF 2025 5 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:29419 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 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 BAIL APPL. NO. 4342 OF 2025 6 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:29419 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 selfesteem 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 before the Investigating Officer within two BAIL APPL. NO. 4342 OF 2025 7 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:29419 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 BAIL APPL. NO. 4342 OF 2025 8 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:29419 from disclosing such facts to the Court or to 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]. BAIL APPL. NO. 4342 OF 2025 9 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:29419 7. The observations and findings in this order is only for the purpose of 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