Salam v. State of Kerala & Station House Officer, Tanur Police Station

## **`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. 3616 OF 2023 ``` ``` CRIME NO.488/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1969/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAPPANANGADI ``` ## **`PETITIONER:`** ``` SALAM, AGED 50 YEARS, S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682 031. ``` - **`2 STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT, PIN – 676 302.`** ## **`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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **2** ## **`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. 3618 OF 2023 ``` ``` CRIME NO.494/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1971/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAPPANANGADI ``` ## **`PETITIONER:`** ``` SALAM, AGED 50 YEARS, S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** |**`1`**|**`STATE OF KERALA,`**| |---|---| ||**`REPRESENTED BY ITS PUBLIC PROSECUTOR,`**| ||**`HIGH COURT OF KERALA,`**| ||**`ERNAKULAM, KOCHI, PIN – 682 031.`**| |**`2`**|**`STATION HOUSE OFFICER,`**| ||**`TANUR POLICE STATION,`**| ||**`TANUR, MALAPPURAM DISTRICT,`**| ||**`PIN – 676 302.`**| ``` 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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **3** ## **`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. 3628 OF 2023 ``` ``` CRIME NO.491/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1960/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAPPANANGADI ``` ``` PETITIONER: ``` ``` SALAM, AGED 50 YEARS, ``` ``` S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682 031. ``` ``` 2STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT, PIN – 676 302. ``` ``` 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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **4** ## **`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. 3619 OF 2023 ``` ``` CRIME NO.485/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1966/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAPPANANGADI ``` ``` PETITIONERS: ``` ``` SALAM, AGED 50 YEARS, S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682 031. 2STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT, PIN – 676 302. ``` ## **`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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **5** ## **`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. 3623 OF 2023 ``` ``` CRIME NO.490/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1972/2023 OF JUDICIAL ``` ``` MAGISTRATE OF FIRST CLASS, PARAPPANANGADI ``` ## **`PETITIONER:`** ``` SALAM, AGED 50 YEARS, S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682 031. 2STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT, PIN – 676 302. ``` ## **`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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **6** ## **`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. 3624 OF 2023 ``` ``` CRIME NO.492/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1961/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PARAPPANANGADI ``` ## **`PETITIONER:`** ``` SALAM, AGED 50 YEARS, S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682 031. ``` ``` 2STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT, PIN – 676 302. ``` ## **`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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **7** ## **`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. 3630 OF 2023 ``` ``` CRIME NO.489/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1970/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PARAPPANANGADI ``` ## **`PETITIONER:`** ``` SALAM, AGED 50 YEARS, S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682 031. 2STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT, PIN – 676 302. ``` ``` 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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **8** ## **`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. 3632 OF 2023 ``` ``` CRIME NO.493/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1962/2023 OF JUDICIAL ``` ``` MAGISTRATE OF FIRST CLASS, PARAPPANANGADI ``` ## **`PETITIONER:`** ``` SALAM, AGED 50 YEARS, S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682 031. 2STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT, PIN – 676 302. ``` ## **`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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **9** ## **`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. 3634 OF 2023 ``` ``` CRIME NO.486/2023 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CMP 1967/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAPPANANGADI ``` ``` PETITIONERS: ``` ``` SALAM, AGED 50 YEARS, S/O. KASIM, PARITHOLI HOUSE, KODINJI, MALAPPURAM DISTRICT, PIN – 676 309. ``` ``` BY ADV K.P.SUDHEER ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT, PIN – 676 302. ``` ## **`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. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **10** ## **P.V.KUNHIKRISHNAN, J** **-------------------------------------------------------B.A. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023 --------------------------------------------------------Dated this the 9[th] day of May, 2023** ## **O R D E R** These Bail Applications are filed under Section 439 of Criminal Procedure Code. 2. The petitioner in these bail applications are one and the same and hence, I am disposing of these bail applications by a common order. The petitioner is an accused in Crime Nos. 488/2023, 494/2023, 491/2023, 485/2023, 490/2023, 492,2023, 489/2023, 493/2023 and 486/2023 of Tanur Police Station, Malappuram. 3. The prosecution case is that in 2023, February, the 1[st] accused had committed theft of battery of a Tipper Lorry and the same was received by the 2[nd] accused from the 1[st] **B.A. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **11** accused. The petitioner is the 2[nd] accused. Hence, it is alleged that the accused committed the offence under Secs. 379, 413 r/w 34 IPC. The petitioner was arrested and produced before the court. 4. The counsel for the petitioner submitted that the petitioner has not committed the offences. The 1[st] accused is the main culprit. The counsel submitted that the petitioner is implicated in this case based on a confession statement of the 1[st] accused. It is alleged that he has no connection with the crime as alleged by the prosecution. It is also stated that he has been doing scrap business for the last more than 25 years with valid licence issued by the Edarikode Grama Panchayat. The petitioner produced the copy of the receipt showing the renewal of the licence. Hence, it is stated that the petitioner has not committed any offence. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the **B.A. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **12** petitioner is involved in several cases. The petitioner may not be released on bail is the submission of the Public Prosecutor. 5. This Court considered the contentions of the petitioner and the Public Prosecutor. It is true that the allegation against the petitioner is very serious and several cases are registered against the petitioner. According to the petitioner, he is a licenced scrap businessman and this case is falsely foisted against the petitioner. He produced certain documents to show that he is having the licence as on the date of the alleged commission of offence. I do not want to make any observation about the merit of the case. These are matters to be investigated by the investigating authority. But I am of the considered opinion that the continued detention of the petitioner is not necessary in the facts and circumstances of this case. It is true that several cases of similar nature is registered against the petitioner. **B.A. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **13** That itself is not a ground to reject the bail. The Apex Court in **Moulana Mohd. Amir Rashadi v. State of U.P. and others** [(2012) 2 SCC 382] observed that merely on the basis of criminal antecedents, claim of bail cannot be rejected. Considering the entire facts and circumstances of this case and also considering the detention period of the petitioner, this bail application can be allowed on stringent conditions. If the petitioner committed similar offences in future, the investigating authority is free to file application before the jurisdictional court for cancellation of bail and if such an application is filed, the jurisdictional court can cancel the bail in accordance to law. With that rider, these applications 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 **B.A. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023** **14** all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail 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, these Bail Applications are allowed with the following directions: 1. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. 2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or **B.A. Nos. 3616, 3618, 3628, 3619, 3623, 3624, 3630, 3632 & 3634 of 2023 15** promise 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. 3. Petitioner shall not leave India without permission of the jurisdictional Court. 4. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 5. If any of the above conditions are violated by the petitioner, 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** ak