Muhammed Uvais v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 4[TH] DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 ``` ``` BAIL APPL.NO.2487 OF 2024 ``` ``` CRIME NO.284/2024 OF Anchal Police Station, Kollam ``` ``` ------------- ``` ## **`PETITIONER :-`** ``` MUHAMMED UVAIS, AGED 19 YEARS S/O. SHANAVAS, THODIYIL VEEDU, MADANNADA, CHADAYAMANGALAM P.O., CHADAYAMANGALAM VILLAGE, KOLLAM DISTRICT, PIN - 691 534 ``` ## **`BY ADV ANCHAL C.VIJAYAN`** ## **`RESPONDENT :-`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031 ``` ## **`OTHER PRESENT:`** ``` Smt.Neema T V ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.2487 OF 2024 ``` ``` -: 2 :- ``` ## **Dated this the 4[th] day of April, 2024** ## **ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.284/2024 of Chathannoor Police Station, registered against him for allegedly committing the offences punishable under Sections 324 and 308 of the Indian Penal Code. The petitioner was arrested on 12.3.2024. 2. The crux of the prosecution case is that; on 4.3.2024 at around 3.30 p.m., the accused, out of his previous animosity towards the de facto complainant, assaulted de facto complainant with a dangerous weapon and he suffered a serious injury on the left side of his forehead. It is only because the de facto complainant warded off the attack, he did not lose his life. Thus, the accused has committed the offences. 3. Heard Sri. Anchal C. Vijayan, learned counsel appearing for the petitioner and Smt. Neema T. V., learned Senior Public Prosecutor. ``` BAIL APPL.NO.2487 OF 2024 ``` ``` -: 3 :- ``` 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The Investigating Officer has deliberately incorporated Section 308 of the IPC to deny bail to the petitioner. A reading of the FIR would substantiate that the above offence is not attracted. In any given case, the petitioner has been in judicial custody since 12.3.2024, the investigation is practically complete and recovery is effected. Moreover, the petitioner does not have any criminal antecedents. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She submitted that the investigation is in progress. She also stated that the petitioner has an antecedent, since he is involved in another crime. Hence, the application may be dismissed. 6. The prosecution allegation against the petitioner is that he, out of his previous animosity, had assaulted the ``` BAIL APPL.NO.2487 OF 2024 ``` ``` -: 4 :- ``` de facto complainant with an iron pipe and caused injuries to his forehead. The fact remains that the petitioner has been in judicial custody since 12.3.2024. 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 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 a 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. ``` BAIL APPL.NO.2487 OF 2024 ``` ``` -: 5 :- ``` 9. In **State of Kerala** v. **Raneef** [(2011) 1 SCC 784], the Honourable Supreme Court has declared 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 considering the fact that the petitioner has been in judicial custody since 12.3.2024, the investigation is practically complete and recovery is effected, I am of the definite view that the petitioner's further detention is unnecessary. Hence, I am inclined to allow the application, but subject to conditions. In the result, the application is allowed, by directing the petitioner to be released on bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the ``` BAIL APPL.NO.2487 OF 2024 ``` ``` -: 6 :- ``` satisfaction of the court having jurisdiction, which shall be subject to the following conditions :- - (i) The petitioner shall appear before the on - Investigating Officer every Saturday between 9 a.m. and 11 a.m till the final report is laid. He shall also appear before the Investigating Officer as and when required. - (ii) The petitioner 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 him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; - (iii) The petitioner shall not commit any offence while he is on bail; - (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; - (v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for ``` BAIL APPL.NO.2487 OF 2024 ``` ``` -: 7 :- ``` cancellation of bail, if any filed, and pass orders on the same, in accordance with law. - (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. - (vii) 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]. Sd/- **C.S.DIAS, JUDGE** Jvt/4.4.2024 ``` BAIL APPL.NO.2487 OF 2024 ``` ``` -: 8 :- ``` ## **`APPENDIX OF BAIL APPL. 2487/2024`** ## **`PETITIONER ANNEXURES :-`** ``` Annexure ATRUE COPY OF THE ORDER IN C.M.P. NO.1982/2024 DATED 14.03.2024 ON THE FILES OF JUDICIAL FIRST- CLASS MAGISTRATE COURT-I, PUNALUR Annexure BTRUE COPY OF THE ORDER DATED 20.03.2024 IN CRL.M.C. NO.485/2024 ON THE FILES OF PRINCIPAL SESSIONS COURT, KOLLAM ```