High Court of KeralaSingle JudgeApplication allowed; bail granted to petitioner...

Meenakshi and Maari v. State of Kerala and The Station House Officer, Vanchiyoor Police Station

Case / Petition Number:BA No.3253 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.S. Dias
Judgment Date
2024-04-23
Court Decision / Holding
The petition is allowed. The petitioners Meenakshi and Maari are to be released on bail on execution of bonds for Rs.50,000 each with two solvent sureties of like amount, subject to conditions: (i) appearance before the Investigating Officer every Friday 9-11 AM till CC No.198/2024 is finally determined; (ii) no inducement or tampering with witnesses; (iii) no commission of any offence while on bail; (iv) surrender of passports or affidavits if none; (v) not to leave the territorial jurisdiction of the Court of Session, Thiruvananthapuram without permission; (vi) the court may cancel bail upon breach; (vii) applications for modification of conditions may be entertained by the trial court; and (viii) the Investigating Officer may continue recoveries if needed while bail is in force, as permitted by Sushila Aggarwal.
Final Disposition
Application allowed; bail granted to petitioners with stringent conditions as set out in the order.

Parties to the Case

Appellants / Petitioners

  • Meenakshi
  • Maari

Respondents

  • State of Kerala represented by Public Prosecutor, High Court of Kerala
  • The Station House Officer, Vanchiyoor Police Station, Vanchiyoor, Thiruvananthapuram District

Legal Representation & Advocates

Counsels for Petitioners

  • • Nobel Raju
  • • Aleena Jose

Counsels for Respondents

  • • Public Prosecutor
  • • C.S Hrithwik (Sr PP)

Case Synopsis & Summary

This is a bail application under Section 439 CrPC filed by Meenakshi and Maari in Crime No.179/2024 of Vanchiyoor Police Station, Thiruvananthapuram, seeking release on bail for an offence punishable under Section 392 read with Section 34 IPC. The prosecution contends that on 25 February 2024, the petitioners, in furtherance of their common intention, snatched a gold chain and locket of the de facto complainant valued at about five sovereigns, the incident having occurred around 1:15 PM. The petitioners, who are women, allege false implication and assert innocence, noting that investigation is complete and a final report has been filed; the case stands as CC No.198/2024 before the Judicial First Class Magistrate Court-XI, Thiruvananthapuram. The Magistrate had repeatedly rejected bail, citing criminal antecedents and non-residence in Kerala. The Public Prosecutor counters that the petitioners have prior antecedents and originate from Tamil Nadu, indicating a likelihood of reoffending. The High Court, after considering the submissions and jurisprudence, especially on the presumption of innocence and the discretionary nature of bail, found no material to sustain detention. On balance, the judge granted bail on stringent conditions, recognizing the petitioners’ custodial period and lack of proven antecedents as determinative factors. The order directs release on bail with a Rs.50,000 bond each with two sureties, and imposes several conditions including regular appearance, non-interference with witnesses, non-violation of bail terms, passport surrender, and no departure from the court’s jurisdiction without permission, with further modification possible by the trial court.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Section 392 read with Section 34 of the Indian Penal Code

Legal Doctrines & Maxims

  • Presumption of innocence (fundamental postulate of criminal jurisprudence)
  • Bail is the rule and imprisonment prior to conviction is the exception
  • Right to life under Article 21 of the Constitution for undertrial prisoners
  • Absence of roots in a state cannot be a sole ground to deny bail
  • Investigation and continuance of inquiries can proceed even while on bail (as per Sushila Aggarwal)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend they are falsely implicated, in custody for sixty days; investigation completed; no material showing prior antecedents; they are women and do not have roots in Kerala; therefore, bail should be granted to enable them to assist in court proceedings and to avoid unnecessary detention. They urge that the fundamental right to presume innocence guides bail decisions and that confinement prior to conviction is not the norm where facts support release, citing supporting case law.

Contentions of Respondents

The state counters that the petitioners have criminal antecedents and originate from Tamil Nadu, with a likelihood of repeating offences if released. Given the ongoing investigation and their absence of Kerala roots, the court should refrain from granting bail. The respondent argues that repeated bail applications have been dismissed by the Magistrate, and a cautious approach is warranted given prior conduct and potential danger to the public order.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Hussainara Khatoon v. Home Secretary, State of Bihar1980 (1) SCC 98PositiveCited to negate the ground of denial of bail based on lack of roots in Kerala; supports bail in absence of state-root ties.
Sanjay Chandra v. CBI2012 1 SCC 40PositiveAffirms presumption of innocence and cautions against denying bail on prior conduct alone.
Dataram Singh v. State of U.P.(2018) 3 SCC 22PositiveStates that bail is the rule and jail is the exception, guiding discretionary bail in absence of compelling reasons.
State of Kerala v. Raneef(2011) 1 SCC 784PositiveUndertrials detained without sufficient reason infringe Article 21; supports release on bail where appropriate.
Sushila Aggarwal v. State (NCT of Delhi) and another2020 (1) KHC 663PositiveAllows continued investigation while on bail; informs permissible court actions during bail.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Meenakshi and Maari v. State of Kerala and The Station House Officer, Vanchiyoor Police Station and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

1 BA No.3253 of 2024 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 23[RD] DAY OF APRIL 2024 / 3RD VAISAKHA, 1946 ``` ``` BAIL APPL. NO. 3253 OF 2024 ``` ``` CRIME NO.179/2024 OF Vanchiyoor Police Station, ``` ``` Thiruvananthapuram ``` ## **`PETITIONER/S:`** ``` 1MEENAKSHI AGED 34 YEARS D/O ANTHONIYAMMA, DOOR NO. 26, ANNA NAGAR, KADAYANODAI PO, THIRUCHENDUR, THOOTHUKUDI TALUK, THOOTHUKUDI DISTRICT., PIN - 628614 ``` ``` 2MAARI AGED 33 YEARS D/O ANTHONIYAMMA, DOOR NO. 26, ANNA NAGAR, KADAYANODAI PO, THIRUCHENDUR, THOOTHUKUDI TALUK, THOOTHUKUDI DISTRICT., PIN - 628614 ``` ``` BY ADVS. NOBEL RAJU ALEENA JOSE ``` ## **`RESPONDENT/S:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031`** - **`2 THE STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION, VANCHIYOOR PO, THIRUVANANTHAPURAM DISTRICT, PIN - 695035 Sr pp Sri C.S Hrithwik`** ## **`THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON`** ``` 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 BA No.3253 of 2024 ## **C.S.DIAS,J** ## **======================** ## **BA No.3253 of 2024** ## **----------------------------------Dated this the 23[rd] day of April, 2024** ## **ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 and 2 in Crime No.179/2024 of the Vanchiyoor Police Station, Thiruvananthapuram, registered against them, for allegedly committing the offence punishable under Section 392 read with Sec.34 of the Indian Penal Code. The petitioners were arrested on 26.2.2024. 2. The essence of the prosecution case, is that; on 25.2.2024 at around 13.15 hours, the accused 1 and 2, in furtherance of their common intention, snatched a gold chain 3 BA No.3253 of 2024 along with a locket weighing about 5 sovereigns of the de facto complainant and committed the above offence. 3. Heard; Sri. Nobel Raju, the learned counsel appearing for the petitioners and the learned Public Prosecutor. 4. The learned counsel appearing for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. The investigation in the case is complete, the final report has been laid and the case has been numbered as CC No.198/2024 on the file of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram. Therefore, the petitioners’ further detention is unnecessary. Moreover, the petitioners are women. Hence, the petitioners may be released on bail. 5. The learned Public Prosecutor opposed the application. She submitted that the petitioners are persons with criminal antecedents. They are involved in similar crimes. This was 4 BA No.3253 of 2024 one of the reasons for the learned Magistrate to have repeatedly dismissed all their applications. If the petitioners are enlarged on bail, there is every likelihood of them committing similar offences. Moreover, the petitioners do not have roots in the State of Kerala as they hail from the State of Tamil Nadu. Hence, the application may be dismissed. 6. The prosecution allegation against the petitioners is that, they with a common intention had snatched a gold chain weighing five sovereigns of the de facto complainant. The learned Magistrate has dismissed the petitioners’ application principally on the ground that the petitioners are persons with criminal antecedents and they hail from the State of Tamil Nadu. Even though the learned Magistrate has observed that the petitioners have criminal antecedents, there is no material to show their involvement in the other crimes. Moreover, in **Hussainara Khatoon vs. Home Secretary, State of Bihar** [ 1980 (1) SCC 98 ], the Hon’ble Supreme Court has 5 BA No.3253 of 2024 categorically held that merely because a person does not have roots in a particular State, the same cannot be a ground to deny bail to the accused. 7. In **Sanjay Chandra v. CBI,** [2012 1 SCC 40], the Honourable Supreme Court has categorically held that the fundamental postulate of criminal jurisprudence is the presumption of innocence, until a person is found guilty. Any imprisonment prior to conviction is to be considered as a punitive and it would be improper on the part of the Court to refuse bail solely on the ground of former conduct. 8. In **Dataram Singh v. State of U.P.** , [(2018) 3 SCC 22] the Honourable Supreme Court observed that grant of bail is the rule and putting a person in jail is an exception. Even though the grant of bail is entirely the discretion of the court, it has to be evaluated based on the facts and circumstances of each case and the discretion has to be exercised in a judicious and compassionate manner. 6 BA No.3253 of 2024 9. Subsequently, in **State of Kerala v. Raneef,** [(2011) 1 SCC 784], the Honourable Supreme Court has again held that undertrial prisoners detained in jail for indefinite periods, without any sufficient reason or due to the delay in concluding the trial, will tantamount to infringement of their right to life guaranteed under Article 21 of the Constitution. 10. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar and the materials placed on record, especially on considering the fact that the petitioners are women and have been in judicial custody for the last sixty days, that the investigation in the case is complete and final report has been laid and there are no materials forthcoming to prove the antecedents of the petitioners, I am of the firm view that the petitioners are entitled to be released on bail. Hence, I am inclined to allow the bail application, but subject to stringent conditions; 7 BA No.3253 of 2024 In the result, the application is allowed, by directing the petitioners to be released on bail on them 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 court having jurisdiction, which shall be subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer on every Friday between 9 a.m. and 11 a.m till the determination of CC No.198/2024. They shall also appear before the Investigating Officer as and when required; (ii) The petitioners shall not directly or indirectly make any inducement, threat or procure 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 or tamper with the evidence in any manner, whatsoever; (iii) The petitioners shall not commit any offence while they are on bail; 8 BA No.3253 of 2024 (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file affidavits to the effect before the court below on the date of execution of the bond; (v) The petitioners shall not leave the territorial jurisdiction of the Court of Session, Thiruvananthapuram till the finalisation of CC No.198/2024, without the previous permission of the jurisdictional Court. (vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (viii) 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, 9 BA No.3253 of 2024 given by the petitioners even while the petitioners are 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]. sd/- sks/23.4.2024 **C.S.DIAS, JUDGE**