BIJU v. STATE OF KERALA (Bail Application No. 3094 of 2024)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V.KUNHIKRISHNAN
Judgment Date: 2024-04-19
Court Decision / Holding: Bail application allowed; the petitioner is to be released on bail on the following conditions: bond of Rs.50,000 with two solvent sureties of like amount; appearance before the investigating officer as required; cooperation with the investigation; non-inducement of witnesses; prohibition from leaving India without court permission; prohibition from committing a similar offence; weekly appearances before the IO on Mondays until final report is filed; prohibition from entering the jurisdictional limit of Oachira Police Station for 60 days or until final report is filed; within one week of release, disclosure of residential address to the investigating officer along with a contact number; bail liable to cancellation for any violation.
Final Disposition: Bail Granted

Parties to the Case

Appellants / Petitioners

BIJU

Respondents

State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Navaneeth N. Nath
• Gautham Krishna E.J.
• Abhirami S.

Counsels for Respondents

• Sri. Prasanth M.P., Public Prosecutor

Case Synopsis & Summary

This High Court of Kerala hears a bail plea filed by BIJU, the first accused in Crime No.289/2024 of Oachira Police Station, Kollam, alleging offences under IPC sections 294(b), 324 and 307 r/w 34. The prosecution contends the accused was involved in a feud with the de-facto complainant’s family and, along with others, attacked the de-facto complainant and his kin on 08.03.2024 at about 10:00 PM, stabbing the complainant’s son Sujith and causing serious injuries; the accused reportedly remained in custody since 09.03.2024. The petitioner argues for bail, claiming readiness to comply with stringent conditions to ensure a fair trial and to prevent harm to the investigation. The Public Prosecutor opposes bail, maintaining the accused was the main assailant who inflicted fatal injuries, and releasing him would jeopardize the case. The court cites the well-established principle that bail is the rule and jail is the exception, citing Chidambaram P. v. Directorate of Enforcement to justify the grant of bail with conditions. Ultimately, the court allows bail with conditions including bond of Rs.50,000 with two solvent sureties, appearance before the IO, restraint from inducing witnesses, no international travel without permission, prohibition from entering Oachira PS jurisdiction for 60 days or until final report, regular Monday appearances, and provision of a residential address to the IO, with bail cancellable on violation.

Provisions of Law Cited

Section 439 of CrPCSection 294(b) IPCSection 324 IPCSection 307 r/w 34 IPC

Legal Doctrines & Maxims

Bail is the rule and jail is the exception.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends he has been in custody since 09.03.2024 and is ready to comply with any stringent conditions; he submits that bail can be granted to ensure a fair trial and to prevent unnecessary hardship, given the ongoing custody and the nature of the investigation.

Contentions of Respondents

The Public Prosecutor opposes bail, arguing that the petitioner is the main accused and that he inflicted serious, including fatal, injuries; releasing him at this stage would undermine the investigation and the prosecution’s case.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Chidambaram P. v. Directorate of Enforcement	2019 (16) SCALE 870	Positive	Cited to support the principle that bail is the rule and jail is the exception, reinforcing the justification for grant of bail.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`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. 3094 OF 2024 ``` ``` CRIME NO.289/2024 OF Ochira Police Station, Kollam PETITIONER(S)/ACCUSED NO.1: ``` ``` BIJU AGED 52 YEARS S/O PUSHPANGADHAN, RESIDING AT HARINANDANAM VEEDU, CLAPPANA NORTH MURI,CLAPPANA VILLAGE FROM NEDIYATH VEEDU, PAYIKUZHI, MURI, OACHIRA VILLAGE., PIN - 690526 ``` ``` BY ADVS. NAVANEETH.N.NATH GAUTHAM KRISHNA E.J. ABHIRAMI S. ``` ## **`RESPONDENT(S)/COMPLAINANT:`** ``` STATE OF KERALA ``` ``` REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`SRI.PRASANTH M.P., PUBLIC PROSECUTOR`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A. NO. 3094 OF 2024 2 ## P.V.KUNHIKRISHNAN, J. -------------------------------------------B.A. No.3094 of 2024 ---------------------------------------------Dated this the 19[th ] day of April, 2024 ## O R D E R This Bail application is filed under Section 439 of Criminal Procedure Code. 2. The petitioner is the 1[st] accused in Crime No.289/2024 of Oachira Police Station, Kollam District. The above case is registered against the petitioner alleging offences punishable under Section 294(b), 324 and 307 r/w 34 of IPC. 3. The prosecution case is that, due to the previous enmity of the accused towards the husband, B.A. NO. 3094 OF 2024 3 son and relatives of the de-facto complainant, the accused jointly attacked the de-facto complainant and others on 08.03.2024 at 10.00 P.M. and attempted to commit murder of the de-facto complainant’s son Sujith by stabbing on his stomach with a knife. The petitioner was arrested on 09.03.2024. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that the petitioner is in custody from 09.03.2024 onwards. The counsel for the petitioner also submitted that the petitioner is ready to obey any conditions, if this Court grant him bail. The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner B.A. NO. 3094 OF 2024 4 inflicted the fatal injuries to the de-facto complainant and others and he may not be released on bail at this stage. 6. This Court considered the contention of the petitioner and the Public Prosecutor. There is force in the argument of the Public Prosecutor that the petitioner is the main accused and he inflicted the fatal injuries to the injured as per the prosecution casse. But, the petitioner is in custody from petitioner is not necessary. The petitioner can be released on bail after imposing stringent conditions. Since, the injured sustained serious injuries, there can be a direction to the petitioner, not to enter the jurisdictional limit of Oachira Police Station for a B.A. NO. 3094 OF 2024 5 period of 60 days or till final report is filed. With that condition, I think, this bail application can be allowed. 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. 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. 3094 OF 2024 6 _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 Investigating Officer for interrogation as and when required. The petitioner shall cooperate 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. 3094 OF 2024 7 _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 they are_ _accused, or suspected, of the commission_ _of which he is suspected._ _5. The petitioner shall appear before the_ _investigating officer on all Mondays till final report is filed._ _6. The petitioner shall not enter the jurisdictional limit of Oachira Police Station_ _for a period of 60 days or till final report is_ _filed in Crime No.289/2024. Within one_ _week from the release of the petitioner, the_ _petitioner shall give his residential_ B.A. NO. 3094 OF 2024 8 _address, where he is going to reside_ _during the above period, to the investigating officer with his phone_ _number._ _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._ nvj Sd/P.V.KUNHIKRISHNAN JUDGE