Saleesh v. State of Kerala & The Station House Officer, Kodakara Police Station

``` 2025:KER:29283 ``` ``` 1 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`BAIL APPL. NO. 4883 OF 2025`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 4[TH] DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 ``` ## **`BAIL APPL. NO. 4883 OF 2025`** ``` CRIME NO.290/2025 OF Kodakara Police Station, Thrissur AGAINST THE ORDER/JUDGMENT DATED 28.03.2025 IN CRMP NO.3437 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA ``` ## **`PETITIONER/ACCUSED:`** ``` SALEESH AGED 47 YEARS S/O VASU, KORATTIKKADAN HOUSE, PULIPPARAKKUNNU DESOM, KODAKARA VILLAGE, THRISSUR DISTRICT, PIN - 680684 ``` ## **`BY ADV RAJESH CHAKYAT`** ## **`RESPONDENT/S:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031`** - **`2 THE STATION HOUSE OFFICER KODAKARA POLICE STATION, THRISSUR, PIN - 680684`** ``` SRI HRITHWIK CS, SR PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2025:KER:29283 ``` ``` BAIL APPL. NO. 4883 OF 2025 ``` ``` 2 ``` **==> picture [58 x 57] intentionally omitted <==** ## **P.V.KUNHIKRISHNAN, J. -------------------------------B.A. No.4883 of 2025** **---------------------------------------------Dated this the 04[th] day of April, 2025** ## **`ORDER`** This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is an accused in Crime No.290/2025 of Kodakara Police Station. The above case is registered alleging offences punishable under Sections 126(2), 351(3), 118(1), 118(2) and 110 of the Bharatiya Nyaya Sanhita (for short, BNS). 3. The prosecution case is that, on 23.03.2025 at 1.00 PM, while the defacto complainant was travelling in the scooter behind her daughter and when they reached at Anathadam Desom, accused wrongfully restrained her at the road side and threatened to kill her. The accused hit the defacto complaint on the head using an iron rod, which she blocked with her hand, and thus injured her left palm. It is ``` 2025:KER:29283 ``` ``` BAIL APPL. NO. 4883 OF 2025 ``` ``` 3 ``` **==> picture [58 x 57] intentionally omitted <==** further alleged that the accused hit the defacto complainant on her both legs with the iron rod and thus it is alleged that the defacto complainant sustained fracture on her right leg and sustained injury below her left knee. Hence it is alleged that the accused committed the offence. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The counsel for the petitioner submitted that the petitioner is suffering from liver cirrhosis. The counsel takes me through Annexure-3 document and submitted that now the petitioner is at the Medical College Hospital, Thrissur. He is regularly appearing before the Lakeshore Hospital for treatment. Unless he shifted to Lakeshore Hospital, his life will be in danger. The Public Prosecutor opposed the bail application and submitted that there are 12 other crimes registered against the petitioner and he has criminal antecedents. But the Public Prosecutor conceded that the petitioner admitted in Medical College Hospital, Thrissur. 6. Considering the facts and circumstances of the case and also the fact that the petitioner is in custody from ``` 2025:KER:29283 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`BAIL APPL. NO. 4883 OF 2025`** ``` 4 ``` 23.03.2025, I think bail can be granted after imposing stringent conditions. 7. 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 is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. 8. Moreover, in **Jalaluddin Khan v. Union of India [2024 KHC 6431]** , the Hon'ble Supreme Court observed that: “21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, ``` 2025:KER:29283 ``` ``` BAIL APPL. NO. 4883 OF 2025 ``` ``` 5 ``` **==> picture [58 x 57] intentionally omitted <==** the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modifcation that the bail can be granted if the conditions in the statute are satisfed. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Art.21 of our Constitution.” (underline supplied) ## 9. In **Manish Sisodia v. Directorate of** ## **Enforcement [2024 KHC 6426]** , also the Hon'ble Supreme Court observed that: “53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not to be withheld as a punishment. From our experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and ``` 2025:KER:29283 ``` ``` BAIL APPL. NO. 4883 OF 2025 ``` ``` 6 ``` **==> picture [58 x 57] intentionally omitted <==** refusal is an exception is, at times, followed in breach. On account of non - grant of bail even in straight forward open and shut cases, this Court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the High Courts should recognize the principle that "bail is rule and jail is exception".” 10. 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. 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 ``` 2025:KER:29283 ``` ``` 7 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`BAIL APPL. NO. 4883 OF 2025`** not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her 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. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in **Anzar Azeez v. State of Kerala** [2025 SCC OnLine KER 1260] is applicable in this case also. 6. If any of the above conditions are violated by the petitioner, the jurisdictional Court ``` 2025:KER:29283 ``` ``` BAIL APPL. NO. 4883 OF 2025 ``` ``` 8 ``` **==> picture [58 x 57] intentionally omitted <==** can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions. sd/- **P.V.KUNHIKRISHNAN JUDGE** jv