MANEESH MOHAN v. STATE OF KERALA

BA No.4008 of 2025 1 ``` 2025:KER:27221 ``` **==> picture [57 x 58] intentionally omitted <==** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4008 OF 2025 ``` ``` CRIME NO.79/2025 OF Thrikkunnappuzha Police Station, ``` ## **`Alappuzha`** ## **`PETITIONER(S)/ACCUSED:`** ``` MANEESH MOHAN AGED 26 YEARS S/O MOHANAN, PUTHANPEEDIKAYIL THRIKKUNNAPPUZHA VILLAGE VALIYAPARAMB. P.O, KARTHIKAPPALLY ALAPPUZHA DISTRICT, PIN - 690516 ``` ``` BY ADVS. H.NUJUMUDEEN ANTONY SHYJU SIMI M JACOB SHERIN ACHU NINAN ARYA S. ADHIRA SALIHA N.P. ``` ## **`RESPONDENT( S )/COMPLAINANT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 ``` ## **`BY ADV.:`** ## **`SR PP -NOUSHAD K A`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` BA No.4008 of 2025 2 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:27221 ``` ## **P.V.KUNHIKRISHNAN, J. -------------------------------------------** ## **BA No.4008 of 2025** **-------------------------------------------Dated this the 28[th] day of March, 2025** ## **O R D E R** This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 2. Petitioner is the accused in Crime No.79/2025 of Thrikkunnappuzha Police Station, Alappuzha. The above case is registered against the petitioner alleging offences punishable under Sections 333, 126(2), 115(2), 118(1) and 110 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that, on 04.02.2025, the accused trespassed into the house of BA No.4008 of 2025 3 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:27221 ``` the defacto complainant and attacked with a steel bangle. He sustained injury on his head. Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 5. The counsel for the petitioner submitted that, even if the entire allegations are accepted, the ingredients of Section 110 of the BNS is not attracted. The counsel also submitted that the petitioner is ready to abide any condition imposed by this Court, if this Court grants him bail. 6. The Public Prosecutor opposed the bail application. But, the Public Prosecutor submitted that, as per the report received by him from the Investigating Officer, no criminal antecedents is alleged against the petitioner. 7. This Court considered the contentions of BA No.4008 of 2025 4 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:27221` the petitioner and the Public Prosecutor. In the facts and circumstances of the case, whether Section 110 of BNS is attracted or not is a matter to be investigated by the Investigating Officer. The other non-bailable offence alleged is under Section 118(1) of BNS, in which the maximum punishment that can be imposed is only three years. No criminal antecedents is also alleged against the petitioners. Considering the facts and circumstances of the case, I think, the petitioners 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 10.00 AM, 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**_ BA No.4008 of 2025 5 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:27221` _**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. 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 BA No.4008 of 2025 6 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:27221` lawful does not mandate that arrest must 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 self-esteem 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.” ## 10. 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. Considering the dictum laid down in the above decisions and considering the facts and BA No.4008 of 2025 7 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:27221 ``` circumstances of this case, this Bail Application is allowed with the following conditions: _1. The petitioner shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation._ _2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he 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 petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and_ BA No.4008 of 2025 8 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:27221 ``` _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._ _4. Petitioner shall not leave India without permission of the jurisdictional Court._ _5. 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._ _6. The petitioner shall appear before the Investigating Officer on all Mondays at 10.00 AM, till final report is filed._ _7. The observations and findings in this_ BA No.4008 of 2025 9 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:27221 ``` _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. 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 petitioner even while the petitioner is 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]._ _9. If any of the above conditions are violated by the petitioner, the_ BA No.4008 of 2025 10 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:27221 ``` _jurisdictional court can cancel the bail in accordance to law, even though this 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/-** nvj **P.V.KUNHIKRISHNAN JUDGE**