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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 9[TH] DAY OF MAY 2023 / 19TH VAISAKHA, 1945** **BAIL APPL. NO. 3328 OF 2023** ## **PETITIONERS/ ACCUSED NO.1, 3 TO 5:** 1 SIYAD AGED 19 YEARS TC 20/1445, OLIPPANCHAL PURAYIDAM, KUNJALUMMOODU, KARAMANA P.O, THIRUVANANTHAPURAM, PIN - 695002 2 MOHAMMED ZAID AGED 23 YEARS MOCHIRA VEEDU, KILLY, KOLLOD P.O, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695572 3 AFSAL.S AGED 18 YEARS K.P 16/985, PARAVILAKOM PUTHEN VEEDU, KILLY, KOLLOD P.O, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695572 4 MOHAMMED ALIFKHAN AGED 22 YEARS VALIYAVEEDU, MECHIRA, KILLY, KOLLOD P.O, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695572 BY ADV M.R.SARIN ## **RESPONDENT:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV. T V NEEMA, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3328 of 2023 2 ## **P.V.KUNHIKRISHNAN, J** **--------------------------------** B.A.No.3328 of 2023 **------------------------------Dated this the 09[th] day of May, 2023** ## **O R D E R** This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) 2. Petitioners are the accused in Crime No.351/2023 of Kattakkada Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 141, 142, 143, 144, 148, 149, 341, 294(b), 323, 324 and 326 of IPC. 3. The first petitioner is a degree student and other petitioners are also students. The defacto complainant is the cousin brother of the 3[rd] petitioner. The prosecution case is that, due 3 B.A.No.3328 of 2023 to previous enmity towards the defacto complainant and his friends, the accused formed themselves into an unlawful assembly with the knowledge that each of them are members of the same with their common object to assault the defacto complainant and his friend, wrongfully restrained the defacto complainant and his friend and abused them with filthy languages. The accused assaulted them and the defacto complainant sustained serious injuries. Hence it is alleged that the accused committed the offence. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Counsel for the petitioners submitted that, the petitioners are students and they have not committed the offence as alleged. The counsel B.A.No.3328 of 2023 4 submitted that the incident is not happened as alleged. The counsel also submitted that the petitioners are ready to abide any conditions, if they are released on bail. The learned Public Prosecutor on the other hand seriously opposed the Bail application. 5. It is true that the allegation against the petitioners are very serious. The injured sustained a fracture below the left eye. But, according to the petitioners, the incident is not happened as alleged by the prosecution. I don't want to make any observation about the same. No criminal antecedents are alleged against the petitioners. They are students. Considering the facts and circumstances of the case, I think this Bail application can be allowed on stringent conditions. There can be a direction to the B.A.No.3328 of 2023 **==> picture [6 x 9] intentionally omitted <==** petitioners to appear before the Investigating officer on all Saturdays till Final Report is filed. If the petitioners commit similar offences in future, the Investigating Officer is free to file appropriate application before the competent court for cancellation of bail and if such an application is filed, the competent court is free to pass appropriate orders. With the above observation, this Bail application can be allowed. 6. 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 B.A.No.3328 of 2023 6 is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial. 7. 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. Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation; 2. After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned; B.A.No.3328 of 2023 7 3. Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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 them from disclosing such facts to the Court or to any police officer; 4. Petitioners shall not leave India without permission of the jurisdictional Court; 5. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; 6. Petitioners shall appear before the Investigating Officer on all Saturdays at 11 a.m. B.A.No.3328 of 2023 8 till Final Report is filed. 7. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. Sd/- **P.V.KUNHIKRISHNAN, JUDGE** DM