Jimil Shaji v. State of Kerala

**==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:29905` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` MONDAY, THE 7[TH] DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 BAIL APPL. NO. 4888 OF 2025 ``` ``` CRIME NO.1347/2024 OF ADIMALY POLICE STATION, IDUKKI AGAINST THE ORDER DATED 07.02.2025 IN BAIL APPL. NO.1093 OF 2025 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/1ST ACCUSED:`** ``` JIMIL SHAJI ``` ``` AGED 22 YEARS, S/O SHAJU, PEMALAYYIL HOUSE, PAZHAMPILLICHAL, VALARA P.O., ADIMALY, IDUKKI DISTRICT, PIN – 685 561. ``` ``` BY ADV LATHEESH SEBASTIAN ``` ## **`RESPONDENT/STATE AND COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. ``` ``` BY ADV NOUSHAD K A, SR PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2025:KER:29905 ``` B.A No.4888 of 2025 **==> picture [57 x 58] intentionally omitted <==** 2 ## **P.V.KUNHIKRISHNAN, J --------------------------------** ## **B.A.No.4888 of 2025** **------------------------------Dated this the 7[th] day of April, 2025** ## **O R D E R** This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the 1[st] accused in Crime No.1347 of 2024 of Adimaly Police Station, Idukki. The above case is registered against the petitioner and others alleging offences punishable under Sections 115(2), 118(1), 118(2), 140(4), 296(b), 324(2), 351(2) r/w 3(5) of Bharatiya Nyaya Sanhitha (for short’BNS’). 3. The prosecution case is that, on 20.12.2024, the defacto complainant was standing in the road margin, the petitioner along with accused Nos.2 to 4 came in an autorickshaw and the petitioner pulled the defacto complainant into the back seat of **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:29905 ``` B.A No.4888 of 2025 3 the autorickshaw while travelling in the autorickshaw, the petitioner along with other accused assaulted the defacto complainant by hitting, beating and punching. It is further alleged that when the autorickshaw was stopped, the petitioner kicked down, the defacto complainant from the autorickshaw and the 5[th] accused, who was standing there, kicked on the ribs with his leg and caused fracture to the ribs and when the defacto complainant made noise apprehending danger, the 5[th] accused placed a knife on the neck and intimidated of being eliminated and caused to loss a mobile phone kept in the pocket of the defacto complainant and thereby committed the offence. 4. Heard counsel for the petitioner and the Public Prosecutor. 5. Counsel appearing for the petitioner submitted that the petitioner surrendered before the **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:29905 ``` B.A No.4888 of 2025 4 Investigating Officer as ordered by this Court in Annexure 2 order. The counsel submit that, the petitioner is in custody from 25.03.2025. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grants him bail. 6. Public Prosecutor opposed the bail application. 7. This Court considered the contention of the petitioner and the Public Prosecutor. The petitioner earlier filed a bail application for anticipatory bail and this Court was not inclined to grant anticipatory bail. At that stage, the counsel for the petitioner submitted that the petitioner is ready to surrender before the Investigating Officer. Accordingly, Annexure 2 order was passed. Based on Annexure 2 order, the petitioner surrendered before the Investigating Officer on 25.03.2025. The petitioner is in custody from that day onwards. The 5[th] accused is already released on bail. Considering the facts and circumstances of the case, I think the petitioner can be **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:29905` ## B.A No.4888 of 2025 5 released on bail after imposing stringent conditions. 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 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 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:29905 ``` ## B.A No.4888 of 2025 6 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 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 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:29905` ## B.A No.4888 of 2025 7 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 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 ``` 2025:KER:29905 ``` **==> picture [57 x 58] intentionally omitted <==** B.A No.4888 of 2025 8 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 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 from disclosing such facts to the Court or to any police officer. 3. Petitioner shall not leave India without permission of the jurisdictional Court. ``` 2025:KER:29905 ``` **==> picture [57 x 58] intentionally omitted <==** B.A No.4888 of 2025 9 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. State of Kerala** [2025 SCC OnLine KER 1260] is applicable in this case also. 6. 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 ``` 2025:KER:29905 ``` B.A No.4888 of 2025 **==> picture [57 x 58] intentionally omitted <==** 10 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** AMR