Murali, Shaji T and Vasudevan (Vasudevan alias Kuttan Swami) v. State of Kerala
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.S. Dias
- Judgment Date
- 2024-07-29
- Court Decision / Holding
- (1) The application filed by the 2nd petitioner/2nd accused is dismissed. (2) The application filed by petitioners 1 and 3 is allowed subject to: surrender before IO within 10 days; on arrest, release on bond of Rs. 50,000 with two solvent sureties of like amount; appearances as directed; no inducement or tampering; surrender of passports within one week; no involvement in other offences while on bail; potential cancellation on violation; provision for modification of bail conditions; and authorizing the IO to proceed with investigation and, if needed, recoveries, as allowed by law, citing Sushila Aggarwal. The observations are for the purpose of considering the application and do not reflect merits.
- Final Disposition
- The 2nd petitioner/2nd accused is dismissed; Petitioners 1 and 3 are granted bail with conditions (surrender within 10 days, bond, two sureties, appearance, no inducement, passport surrender, no new offences, and possible cancellation on violation). Observations are for the purpose of the application only and do not reflect merits.
Parties to the Case
Appellants / Petitioners
- Murali
- Shaji T
- Vasudevan (Vasudevan alias Kuttan Swami)
Respondents
- State of Kerala represented by Public Prosecutor, High Court of Kerala
- Station House Officer, Anjal Police Station, Kollam Rural
Legal Representation & Advocates
Counsels for Petitioners
- • Shajan C. George
- • Vinai John
- • Tincy Maria Scaria
Counsels for Respondents
- • C.S. Hrithwik, Public Prosecutor
Case Synopsis & Summary
This is a Kerala High Court bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed by three accused in Crime No.829/2024 of Anchal Police Station, Kollam. The petitioners—Murali, Shaji T and Vasudevan (also known as Kuttan Swami)—seek pre-arrest bail in a case involving offences under BNSS and Bharatiya Nyaya Sanhita, 2023 (Sections 115(2), 118(1), 126(2), 296(b) read with Section 3(5)). The prosecution alleges that on 20.07.2024, while the complainant visited the accused’s house in connection with loan matters, the 1st and 2nd accused abused and assaulted the complainant, with the 2nd accused using a key to inflict injuries, and the 3rd accused abusing others. The petitioners contend innocence, assert the incident occurred in their home, and argue that custodial interrogation is unnecessary since there is no recovery. The Public Prosecutor counters that the 2nd accused’s overt act and injuries warrant custodial interrogation and that arrest could be necessary for full investigation, supported by the accident register and wound certificate. Relying on Jai Prakash Singh, the court emphasizes that pre-arrest bail is an extraordinary privilege to be granted only in exceptional cases. After weighing the materials, the court finds prima facie material against the 2nd accused for custodial interrogation, while noting the 1st and 3rd petitioners lack a specific overt act under 118(1). The court, therefore, dismisses the 2nd petitioner’s application and allows the applications of petitioners 1 and 3 with conditions, including surrender, bonds, appearance, no tampering, passport controls, and reporting obligations. The judge clarifies that the observations are for the purpose of considering the application and do not reflect merits of the case.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners submit that they are innocent and that there is no necessity for custodial interrogation; the incident occurred at the home of the petitioners; no recoveries are required; Section 118(1) of the BNSS was unnecessarily invoked to deny bail. They contend that pre-arrest bail is an exceptional remedy and should be granted where there is no prima facie case or where custodial interrogation is unnecessary. They rely on the principle that the court should exercise judicial discretion with care, and cite the need for proper application of mind to grant bail in exceptional circumstances, with the expectation of fair investigation. They assert that the 2nd petitioner has not demonstrated a compelling reason for custodial interrogation beyond the absence of a specific overt act against petitioners 1 and 3.
Contentions of Respondents
The Public Prosecutor argues that there is a specific overt act by the 2nd petitioner—using a key to inflict injuries—supported by accident register and wound certificate; this demonstrates grievous harm and the necessity of custodial interrogation for a full investigation; arrest of the 2nd petitioner is essential to progress; the 1st and 3rd petitioners have no explicit overt act under 118(1) as charged, but the investigation will determine this at trial; granting pre-arrest bail would hamper the investigation; hence the 2nd petitioner’s bail application should be dismissed, while the 1st and 3rd petitions may be considered with cautious conditions.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Jai Prakash Singh v. State of Bihar and another | (2012) 4 SCC 379 | Positive | Cited to emphasize that an order of pre-arrest bail is an extraordinary privilege to be granted only in exceptional cases after proper application of mind. |
| Sushila Aggarwal v. State (NCT of Delhi) And another | 2020 (1) KHC 663 | Positive | Cited to support the principle that while on bail, the Investigating Officer may continue investigations and recoveries as recognized by the Supreme Court. |
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