High Court of KeralaSingle JudgeBail granted to the petitioner with stringent c...

Sajeesh v. State of Kerala

Case / Petition Number:BA No.434 of 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.S.DIAS
Judgment Date
2024-02-15
Court Decision / Holding
The application is allowed; the petitioner is to be released on bail on a bond of Rs.1,00,000 with two solvent sureties of like amount, to the satisfaction of the jurisdictional court, subject to: (i) the petitioner to appear before the IO every Saturday between 9 a.m. and 11 a.m. until trial; (ii) not to induce or tamper with witnesses; (iii) not to commit any offence while on bail; (iv) surrender/passport affidavit as applicable; (v) court may cancel bail on breach; (vi) court below may entertain applications for modification of bail conditions.
Final Disposition
Bail granted to the petitioner with stringent conditions.

Parties to the Case

Appellants / Petitioners

  • Sajeesh

Respondents

  • State of Kerala, represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • C.A. Chacko
  • • C.M. Charisma

Counsels for Respondents

  • • Smt.Seetha S. (Senior Public Prosecutor)

Case Synopsis & Summary

The bail petition is filed by Sajeesh, petitioner in Bail Application No. 434 of 2024 arising out of Crime No. 10/2024 of Ollur Police Station, Thrissur. The accused were charged under Sections 341, 324 and 326 read with Section 34 IPC. The core allegation is that on 1 January 2024, the four accused, in furtherance of their common intention and with prior enmity against the defacto complainant, restrained him and his friends; the first accused stabbed with a chopper, the second beat with a shovel, and the third and fourth caused injuries by a stick, resulting in a fractured finger and other injuries. The petitioner claims total innocence and contends the case is a counter-blast to Annexure A3, an earlier FIR concerning the complainant and his friends. He has been in judicial custody since 7 January 2024, i.e., over 38 days, and the investigation is said to be complete with recovery effected. The prosecution contends against bail, noting ongoing custody of co-accused in A1 and A3, and suggesting investigation remains incomplete; it also highlights petitioner’s criminal antecedents in four other cases. The court relies on Supreme Court precedents (Sanjay Chandra; Dataram Singh; State of Kerala v. Raneef) to underscore presumption of innocence, the general rule of bail, and protection of Article 21 rights in undertrial detention. Balancing these factors, the court allows bail with stringent conditions, including a Rs.1,00,000 bond with two sureties, appearance on Saturdays, avoidance of tampering, non-commission of further offences, passport surrender, and potential for cancellation on breach of terms.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Indian Penal Code: Sections 341, 324, 326 read with Section 34

Legal Doctrines & Maxims

  • Presumption of innocence until guilt is established
  • Bail is the rule; detention in jail is the exception
  • Undertrial prisoners' right to life under Article 21 of the Constitution requires timely trial; indefinite detention is contrary to Article 21

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends total innocence and false implication, arguing the case appears to be a counter-blast to Annexure A3. The FIRs show that Annexure A3 was registered earlier, and A1 followed; the applicant has been in custody since 7 January 2024, with investigation practically complete and recovery effected. He asserts that continued detention is unnecessary and would violate the presumption of innocence and fundamental rights. He relies on legal precedents (Sanjay Chandra; Dataram Singh; State of Kerala v. Raneef) to urge that bail is the rule and detention should be exceptional, especially where trial is near completion, and that prolonged custody without cause infringes Article 21.

Contentions of Respondents

The Public Prosecutor opposed bail, noting the accused in A1 and A3 are in judicial custody and that investigation is not yet complete. She also alleged criminal antecedents (in four other cases) and contended bail should be denied given the gravity and multiplicity of offences and the ongoing nature of the investigation.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Sanjay Chandra v. CBI2012 1 SCC 40PositiveCited to reinforce presumption of innocence and that bail cannot be denied solely on prior conduct.
Dataram Singh v. State of U.P.2018 (3) SCC 22PositiveCited for the proposition that bail is the rule and detention before conviction is the exception, guiding judicial discretion.
State of Kerala v. Raneef2011 (1) SCC 784PositiveCited to emphasize that indefinite detention of undertrial prisoners violates Article 21 and timely trial is essential.

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Extracted Judgment Text

Exact text extracted from official judgment records.

1 BA No.434 of 2024 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 15[TH] DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945 BAIL APPL. NO. 434 OF 2024 ``` ``` CRIME NO.10/2024 OF Ollur Police Station, Thrissur PETITIONER/S: ``` ``` SAJEESH, AGED 41 YEARS S/O.SIDHARTHAN, KAKKANATT HOUSE, PUTHUR KAINOOR ROAD, KAINOOR DESOM, KAINOOR VILLAGE, THRISSUR, PIN - 680014 BY ADVS. C.A.CHACKO C.M.CHARISMA ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SMT.SEETHA.S, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 BA No.434 of 2024 ## **C.S.DIAS,J** ## **======================** ## **BA No.434 of 2024** ## **-----------------------------------** ## **Dated this the 15[th] day of February, 2024** ## **ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the third accused in Crime No.10/2024 of the Ollur Police Station, Thrissur, registered against the accused (four in number), for allegedly committing the offences punishable under Sections 341, 324 and 326 read with Sec.34 of the Indian Penal Code. The petitioner was arrested on 7.1.2024. 2. The crux of the prosecution case is that: on 1.1.2024 at 00.15 hours, the accused 1 to 4 in furtherance of their common intention and out of their previous animosity towards the defacto complainant wrongfully restrained him and his 3 BA No.434 of 2024 friends and the first accused stabbed the defacto complainant using a chopper, the second accused beat him with a shovel and the accused 3 and 4 voluntarily caused hurt to him with a stick, which resulted in fracture of his middle finger and injuries on his forehead and left hand. The accused also caused injuries to the friends of the defacto complainant named, Praveen and Vineeth. Thus, the accused have committed the above offences. 3. Heard; Sri.C.A Chacko, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor. 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. In fact, the present crime has been registered as a counter-blast to Annexure A3 that was registered against the defacto complainant and his friends for causing hurt to the petitioner 4 BA No.434 of 2024 and his friends. A reading of Annexure A3 FIR would show that it was registered on 1.1.2024 whereas Annexure A1 FIR was only registered on 3.1.2024. The petitioner has been in judicial custody since 7.1.2024, which is more than 38 days. The investigation in the case is complete and the recovery has been effected. Therefore, the petitioner’s continued detention is not necessary. Hence, the application may be allowed. 5. The learned Public Prosecutor seriously opposed the application. She contended that the accused in Annexures A1 and A3 crimes are in judicial custody. The investigation in the case is not complete. Nonetheless, she conceded to the fact that the petitioner has been in judicial custody since 7.1.2024 and recovery has been effected. She also submitted that the petitioner is a person with criminal antecedents as he is involved in four other cases. Hence, the application may be dismissed. 5 BA No.434 of 2024 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 imprisonment prior to conviction is to be considered as a 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. Subsequently, in **State of Kerala v. Raneef,** [(2011) 1 SCC 784], the Honourable Supreme Court has again held that undertrial prisoners detained in jail for indefinite periods, 6 BA No.434 of 2024 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. On a consideration of the facts, the materials placed on record, the rival submissions made across the Bar, especially on comprehending the fact that the petitioner has been in judicial custody since 7.1.2024, that the investigation in the case is practically complete and recovery has been effected, I am of the view that the petitioner’s continued detention is not necessary. 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: 7 BA No.434 of 2024 (i) The petitioner shall appear before the Investigating Officer on every Saturdays between 9 a.m. and 11 a.m till the conclusion of trial and as ordered by the trial court. (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 8 BA No.434 of 2024 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. sd/- sks/15.2.2024 **C.S.DIAS, JUDGE**