Rajendran Kuttamperoor v. State of Kerala

B. A. No. 2361 of 2024 -1- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 26[TH] DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 BAIL APPL. NO. 2361 OF 2024 ``` ``` Crime no.163/2024 OF MANNAR POLICE STATION, ALAPPUZHA ``` ``` PETITIONER/S: ``` ``` RAJENDRAN KUTTAMPEROOR, MANNAR, ALAPPUZHA, KERALA, PIN - 689623 ``` ``` BY ADVS. ALEX K.JOHN REENA JACOB JILCY JACOB SRAYAS JOSEPH ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` PP SMT SHYNIMOL V O ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B. A. No. 2361 of 2024 -2- ## **O R D E R** Dated this the 26[th] day of March, 2024 The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 1[st] accused in Crime No. 163 of 2024 of the Mannar Police Station, Alappuzha, registered against the accused (3 in number) for allegedly committing the offences punishable under Sections 447, 294(b), 323, 324 and 308 read with Section 34 of the Indian Penal Code. The petitioner was arrested on 26.02.2024. 2. The crux of the prosecution case is that: on 26.02.2024 at around 21:00 hours, the accused, in furtherance of their common intention, trespassed into the house of the de facto complainant and abused him in bad language and also physically attacked him with a weapon. He suffered an injury and had to be hospitalized. Thus, the accused have committed the above offences. 3. Heard Sri. Alex K. John, learned counsel for the petitioner and Smt. Shinymol V. O., learned Public Prosecutor. B. A. No. 2361 of 2024 -3- 4. Learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. A reading of the Annexure A1 FIR would substantiate that the offence under Section 308 will not be attracted. In any given case, the petitioner has been in judicial custody since 26.02.2024, the investigation of the case is practically complete and the recovery has been effected. Therefore, the petitioner’s further detention is unnecessary. Hence, the application may be allowed. 5. The Learned Public Prosecutor opposed the application. She submitted that the investigation is in progress. The petitioner had inflicted serious injuries on the de facto complainant. Nonetheless, she conceded to the fact that the investigation is practically complete and the recovery has been effected. Moreover, the petitioner does not have any criminal antecedents. 6. 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 B. A. No. 2361 of 2024 -4- 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. 7. 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. 8. 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. 9. After bestowing my anxious consideration to the facts, the B. A. No. 2361 of 2024 -5- rival submissions made across the Bar, the materials placed on record, and especially taking into account the fact that the petitioner is in judicial custody since 26.02.2024, the petitioner does not have any criminal antecedents, that the investigation in the case is practically complete and recovery has been effected, I am of the firm view that the petitioner is entitled to be released on bail. Hence, I am inclined to allow the bail application, but subject to stringent conditions. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh 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 petitioner shall appear before the Investigating Officer on 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; B. A. No. 2361 of 2024 -6- (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 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; B. A. No. 2361 of 2024 -7- (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** Eb B. A. No. 2361 of 2024 -8- ## **`APPENDIX OF BAIL APPL. 2361/2024`** ## **`PETITIONER ANNEXURES`** ``` Annexure A1 ``` ``` THE TRUE COPY OF THE FIR IN CRIME NO.163 OF 2024 OF MANANAR POLICE STATION DATED 26.02.2024 ```