Ashraf A. v. State of Kerala

**==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:31698 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 11[TH] DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 5340 OF 2025 ``` ``` CRIME NO.141/2025 OF KAIPAMANGALAM POLICE STATION, ``` ## **`THRISSUR, Thrissur`** ``` AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. ``` ``` NO.3652 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/S:`** ``` ASHRAF A. AGED 34 YEARS EDAPPARA HOUSE, PERAVOOR P.O., KOLAVAMCHAL, MANATHANA, KANNUR DISTRICT, PIN - 670673 ``` ``` BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU GEORGIE SIMON CHANDHANA BHAIJU BASIL SAJAN FATHIM NAVAS KAVYA RANI JAYAPRAKASH LEKSHMI PRIYA V. BASIL SCARIA MUHAMMED SHUHAIB A.S. ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2 ``` **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:31698 ``` ``` BAIL APPL. NO.5340 OF 2025 ``` ``` SRI NOUSHAD K A, SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO.5340 OF 2025 ``` ``` 3 ``` **==> picture [57 x 57] intentionally omitted <==** ## `2025:KER:31698` **P.V.KUNHIKRISHNAN, J -------------------------------B.A.No.5340 of 2025 ------------------------------Dated this the 11[th] day of April, 2025** ## **O R D E R** This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS). 2. Petitioner is the second accused in Crime No.141/2025 of Kaipamangalam Police Station, registered alleging offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that on 18.02.2025 at 03.40 PM, the accused purchased gold jewellery weighing sovereigns from Swarnagopuram Jewellery owned by the defacto complainant and deceived him by falsely claiming to have transferred an amount of Rs.5,67,000/, when in fact, no such transfer was made. 4. Heard counsel for the petitioner and the Public Prosecutor. **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:31698 ``` ``` BAIL APPL. NO.5340 OF 2025 ``` `4` 5. The counsel for the petitioner submitted that the petitioner is in custody from 21.02.2025. Petitioner is ready to abide by any conditions, if this Court grants him bail. 6. Public Prosecutor opposed the bail application. He submitted that, there is criminal antecedents to the petitioner with same set of allegation. 7. This Court considered the contentions of the petitioner and the Public Prosecutor. It is true that the there is criminal antecedents to the petitioner. Petitioner earlier filed a bail application before this Court as B.A No.3652/2025. This Court was not inclined to grant bail to the petitioner. At that stage, the counsel for the petitioner sought permission to withdraw the bail application to move it again. Accordingly, the present bail application is filed. According to the petitioner, he is only the second accused and the allegation is against the first accused. It is stated that the first accused purchased the gold and transferred the amount, which according to the prosecution was a **==> picture [57 x 57] intentionally omitted <==** ``` 2025:KER:31698 ``` ``` BAIL APPL. NO.5340 OF 2025 ``` ``` 5 ``` bogus transaction. The petitioner was only sitting in the car is the contention of the petitioner. I do not want to make any observation about the same. Considering the facts and circumstances of the case and also considering the period of detention, I think, the petitioner can be released on bail after imposing stringent conditions. There can be a direction to the petitioner to appear before the Investigating Officer on all Mondays at 10:00am., till final report is filed. 8. 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. 9. Moreover, in **Jalaluddin Khan v. Union of** ``` 2025:KER:31698 ``` **==> picture [57 x 57] intentionally omitted <==** ``` BAIL APPL. NO.5340 OF 2025 ``` ``` 6 ``` **India [2024 KHC 6431]** , the Hon'ble Supreme Court observed that: “21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only ``` BAIL APPL. NO.5340 OF 2025 ``` **==> picture [57 x 57] intentionally omitted <==** ## `2025:KER:31698` `7` modifcation that the bail can be granted if the conditions in the statute are satisfed. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Art.21 of our Constitution.” (underline supplied) 10. In **Manish Sisodia v. Directorate of Enforcement [2024 KHC 6426]** , also the Hon'ble Supreme Court observed that: “53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not to be withheld as a punishment. From our experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of **==> picture [57 x 57] intentionally omitted <==** ## `2025:KER:31698` ``` BAIL APPL. NO.5340 OF 2025 ``` `8` bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach. On account of non - grant of bail even in straight forward open and shut cases, this Court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the High Courts should recognize the principle that "bail is rule and jail is exception". 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. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. 2. The petitioner shall appear before the **==> picture [57 x 57] intentionally omitted <==** ## `2025:KER:31698` ``` BAIL APPL. NO.5340 OF 2025 ``` `9` 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. 3. Petitioner shall not leave India without permission of the jurisdictional Court. 4. 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. 5. 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.** ``` 2025:KER:31698 ``` ``` BAIL APPL. NO.5340 OF 2025 ``` **==> picture [57 x 57] intentionally omitted <==** ## `10` **State of Kerala [2025 SCC OnLine KER** **1260]** is applicable in this case also. 6. Petitioner shall appear before the Investigating Officer on all Mondays at 10:00am., till final report is filed. 7. 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. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions. **Sd/-** **P.V.KUNHIKRISHNAN JUDGE** SSG