P. Reghuraman @ P. Raghuraman v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 5[TH] DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 BAIL APPL. NO. 615 OF 2024 CRIME NO.1378/2023 OF Petta Police Station, ``` ``` Thiruvananthapuram ``` ## **`PETITIONER/ACCUSED NO.1:`** ``` P.REGHURAMAN @ P. RAGHURAMAN, AGED 36 YEARS S/O. PANDI, NO.1/91, KALIAMMAN KOIL STREET, KURUVIDURAI POST, AYAN KURUVIDURAI, VALLUVAR THENKARAI, MADURAI, TAMILNADU, PIN - 625207 ``` ``` BY ADVS. C.JOSEPH ANTONY S.UDHAYAKUMAR ``` ## **`RESPONDENTS:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO 1378/2023 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM DISTRICT.), PIN - 682031 ``` ``` BY SR PP SMT NEEMA T.V ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.615 of 2024 ## -:2:- Dated this the 5[th] day of February, 2024 ## **O R D E R** The application is filed under Section 438 of the Code of Criminal Procedure, 1973(‘Code’, for short), for an order of pre-arrest bail. 2. The petitioner is the first accused in Crime No.1378/2023 of the Pettah Police Station, Thiruvananthapuram, registered against the accused ( three in number) for allegedly committing the offences punishable under Sections 364-A, 365 and 368 of the Indian Penal Code (‘the Code’ for short). 3. The gist of the prosecution case is that: on 07.12.2023 at about 3.00 p.m, the first accused went to the house of the de facto complainant and abducted her husband, Mr.Madhumohan Raj, at knife point, and took him away to Madurai. The detenue was secretly ## B.A.No.615 of 2024 ## -:3:- and wrongfully confined at various places with the active connivance of the accused 2 and 3. Thereafter, the accused demanded a ransom for the release of the detenue. The accused threatened to take away the life of the detenue if the ransom was not paid. Thus, the accused have committed the above offences. 4. Heard Sri.Joseph Antony. C, learned counsel appearing for the petitioners and Smt. Neema. T.V., the learned Public Prosecutor appearing for the respondent. 5. 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 defacto complainant’s husband went on his free will to the house of the petitioner. Now, the subject matter in dispute between the petitioner and the de facto complainant has been settled out of court as per Annexure B, memorandum ## B.A.No.615 of 2024 ## -:4:- of compromise. The petitioner has no criminal antecedents. The petitioner is a law-abiding citizen. The petitioner is willing to abide by any condition that may be imposed by this Court. Hence, the application may be allowed. 6. The learned Public Prosecutor seriously opposed the application. She contented that the petitioner is the mastermind of the crime. The petitioner is absconding. The accused 2 and 3 have already been arrested and are in judicial custody since 13.12.2023. The investigation in the case is in progress. The petitioner’s custodial interrogation is necessary and recovery is to be effected. If the petitioner is granted an order of pre-arrest bail, it would hamper the investigation. There is a likelihood of the petitioner intimidating the witnesses. Hence, the application may be dismissed. 7. In **Siddharam Satlingappa Mhetre v. State** -:5:- ## B.A.No.615 of 2024 ## **of Maharashtra** [(2011) 1 SCC 694] the Hon’ble Supreme Court has held as follows: **111.** No inflexible guidelines or straitjacket formula can be provided for grant or refusal of anticipatory bail. We are clearly of the view that no attempt should be made to provide rigid and inflexible guidelines in this respect because all circumstances and situations of future cannot be clearly visualised for the grant or refusal of anticipatory bail. In consonance with the legislative intention the grant or refusal of anticipatory bail should necessarily depend on the facts and circumstances of each case. As aptly observed in the Constitution Bench decision in Sibbia case [(1980) 2 SCC 565 : 1980 SCC (Cri) 465] that the High Court or the Court of Session has to exercise their jurisdiction under Section 438 CrPC by a wise and careful use of their discretion which by their long training and experience they are ideally suited to do. In any event, this is the legislative mandate which we are bound to respect and honour. **112** . The following factors and parameters can be taken into consideration while dealing with the anticipatory bail: (i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made; (ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable -:6:- ## B.A.No.615 of 2024 offence; (iii) The possibility of the applicant to flee from justice; (iv) The possibility of the accused's likelihood to repeat similar or other offences; (v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her; (vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people; (vii) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because overimplication in the cases is a matter of common knowledge and concern; (viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused; (ix) The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; (x) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of -:7:- ## B.A.No.615 of 2024 there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail. **126** . We deem it appropriate to reiterate and assert that discretion vested in the court in all matters should be exercised with care and circumspection depending upon the facts and circumstances justifying its exercise. Similarly, the discretion vested with the court under Section 438 CrPC should also be exercised with caution and prudence. It is unnecessary to travel beyond it and subject the wide power and discretion conferred by the legislature to a rigorous code of self-imposed limitations. 8. In **Jai Prakash Singh v. State of Bihar and another,** [(2012) 4 SCC 379] the Hon’ble Supreme Court has held that, an order of pre-arrest bail being an extra ordinary privilege, should be granted only in exceptional cases. The judicial discretion conferred upon the Courts has to be properly exercised, after proper application of mind, to decide whether it is a fit case to grant an order of pre-arrest bail. The court has to be prima facie satisfied that the applicant has been ## B.A.No.615 of 2024 ## -:8:- falsely enroped in the crime and his liberty is being misused. 9. On an anxious consideration of the facts, the materials placed on record, the rival submissions made across the bar, particularly on comprehending the nature, gravity, and seriousness of the offences alleged against the petitioner, that the investigation is in progress, that petitioner’s custodial interrogation is necessary and that the recovery is to be effected, I am of the definite view that the petitioner has not made out any exceptional grounds to invoke the extra ordinary jurisdiction of this Court under Sec.438 of the Code. Therefore, I hold that this is not a fit case to grant an order of pre-arrest bail. Consequently, the bail application is dismissed. 10. Nonetheless, I direct that, if the petitioner surrenders before the Investigating Officer within 10 days from today, he shall be interrogated and, B.A.No.615 of 2024 ## -:9:- thereafter, be produced before the jurisdictional Court on the date of surrender itself. Then, if the petitioner moves an application for bail, the jurisdictional Court shall, untrammelled by any observations in this order, consider the bail application on its merits and as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer as directed above, the Investigating Officer shall be free to arrest the petitioner as if no order has been passed in this case. Sd/- **C.S.DIAS,JUDGE** mtk/05.02.24