Bail Application No. 1852 of 2023

## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN` ``` FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 ``` ## `BAIL APPL. NO. 1852 OF 2023` ``` CRIME NO.441/2022 OF KAKKUR POLICE STATION, KOZHIKODE ``` ## `PETITIONERS/ ACCUSED 1 TO 8:` - `1 SIVADASAN P., AGED 62 YEARS, S/O. PACHUKUTTY, PUTHURUMMAL HOUSE, OLOPPARA, CHELANNUR, KOZHIKODE DISTRICT, PIN - 673317` - `2 SUDHEESH KUMAR E.P., AGED 50 YEARS,` - `S/O. SREEDHARAN, EDAVATHANA POYIL HOUSE, CHELANNUR, KOZHIKODE DISTRICT, PIN - 673317` - `3 PRIYESH N., AGED 39 YEARS, S/O. CHOYIKUTTY, NERAVATH HOUSE, CHELANNUR, KOZHIKODE DISTRICT, PIN - 673317` - `4 RAJAN M., AGED 63 YEARS, S/O. CHANDUKKUTTY, MANAYIL HOUSE, KALLUMPURATHTHAZHAM, CHELANNUR, KOZHIKODE DISTRICT, PIN - 673317` - `5 VISHNU, AGED 31 YEARS,` - `S/O. VELAYUDHAN, KIZHUVANA, KANNANKARA, CHELANNUR, KOZHIKODE DISTRICT, PIN - 673317` - `6 RAJITH M., AGED 33 YEARS,` - `S/O. PRAKASAN M., MAVILI HOUSE, CHELANNUR, KOZHIKODE DISTRICT, PIN - 673317` - `7 MAHESH T.P., AGED 32 YEARS,` - `S/O. MADHAVAN, THAZHEPEEDIKAYIL HOUSE, KANNANKARA, CHELANNUR, KOZHIKODE DISTRICT, PIN - 673317` B.A.No.1852/2023 : 2 : ``` 8SAVEESH I., AGED 45 YEARS, S/O. SAMIKUTTY, ERIYATT - H, KANNANKARA, CHELANNUR, KOZHIKODE DISTRICT, PIN - 673317 ``` ``` BY ADVS.NIKITA J. MENDEZ P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI SRUTHY N. BHAT RAHUL SUNIL SRUTHY K.K P.VIJAYA BHANU (SR.) ``` ## `RESPONDENT/COMPLAINANT:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## `OTHER PRESENT:` ``` SMT.NIMA JACOB-GP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.1852/2023 : 3 : ## **P.V.KUNHIKRISHNAN, J.** = = = = = = = = = = = = = = = = = = = = = = **B.A.No.1852 of 2023** - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5[th] day of May,2023 ## **O R D E R** This Bail Application is filed under Section 438 of Criminal Procedure Code,1973 (in short, ‘Cr.P.C.’). 2. Petitioners are accused Nos.1 to 8 in Crime No. 441 of 2023 of Kakkur Police Station, Kozhikode. The above case is registered against the petitioners alleging offences punishable under Sections 143, 147, 148, 323, 324, 326, 308 and 392 read with Section 149 of the Indian Penal Code, 1860 (in short, ‘IPC’). 3. The prosecution case in brief is as follows: On 25.12.2022, at about 7.45 pm, the petitioners along with the other accused, who are the staff and proprietor of the Blue Moon Boat Services, assaulted the de facto complainant and his family members when they refused to pay the extra money demanded by the applicants herein for the service availed by B.A.No.1852/2023 : 4 : the de facto complainant and other members of his family. It is further alleged that, on such refusal one of the accused persons snatched away the gold chain of the de facto complainant to settle the dues and a scuffle broke out between both the groups. Hence, it is alleged that the accused committed the offences. 4. Heard the counsel for the petitioners and the Public Prosecutor. Sri. P. Vijaya Bhanu, the learned Senior Counsel appearing for the petitioners submitted that there is case and counter case. The counter case is registered as Crime No.439/2022. The learned Senior Counsel submits that the petitioners are ready to abide any conditions, if this Court grant them bail. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that, if this Court is inclined to grant bail, stringent conditions may be imposed. B.A.No.1852/2023 : 5 : 5. After hearing both sides, I am of the considered opinion that this bail application can be allowed on stringent conditions. There is case and counter case. Who is the aggressor is to be decided during the investigation and trial, if any. At this stage, this Court cannot consider the contention of the petitioners. But, in the light of the facts and circumstances of the case and also the fact that there is case and counter case, I think this bail application can be allowed. Custodial interrogation of the petitioners may not be necessary in the facts and circumstances of the case. Considering the facts and circumstances of the case, this bail application can be allowed with a condition that the petitioners will appear before the Investigating Officer on all Mondays and Fridays 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 B.A.No.1852/2023 : 6 : Supreme Court in **Chidambaram P. v. Directorate of Enforcement** (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic to bail remains the same jurisprudence relating 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: - (i) Petitioners 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 petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with B.A.No.1852/2023 : 7 : two solvent sureties each for the like sum to the satisfaction of the officer concerned; - (iii)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 them from disclosing such facts to the Court or to any police officer; - (iv)Petitioners shall not leave India without permission of the jurisdictional Court; - (v) 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; - (vi)Petitioners shall appear before the Investigating Officer on all Mondays and Fridays at 11.00 am till the final report is filed. B.A.No.1852/2023 : 8 : - (vii)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. Sd/- ## **P.V.KUNHIKRISHNAN,JUDGE** DST/05.05.23 //True copy/ P.A.To Judge