High Court of KeralaSingle JudgeBail Granted

Sanjay Das and Others v. State of Kerala

Case / Petition Number:BAIL APPL. NO. 445 OF 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C.S. Dias
Judgment Date
2024-01-23
Court Decision / Holding
The Bail Application is allowed. The petitioners are ordered to be released on bail on executing separate bonds of Rs.50,000 each with two solvent sureties of the like amount. Conditions include: (i) appearance before the investigating officer every Saturday for two months or until final report, whichever earlier; (ii) no inducement or tampering with witnesses or evidence; (iii) no committing of any offence while on bail; (iv) surrender of passports, if any; (v) any violation may lead to cancellation of bail; (vi) modification/deletion of conditions may be sought; and (vii) the Investigating Officer is empowered to conduct recoveries on information provided by the petitioners, if necessary, as per the principle laid down in Sushila Aggarwal v. State (NCT of Delhi).
Final Disposition
Bail Granted

Parties to the Case

Appellants / Petitioners

  • Sanjay Das
  • Rohit
  • Athul M.K

Respondents

  • State of Kerala represented by Public Prosecutor, High Court of Kerala
  • Station House Officer, KunNamangalam Police Station, Kozhikode District
  • Shameer T A aged 36 years S/o Mohammed, Thelishi House, Cheruvadi PO, Chullikkaparamb, Kozhikode
  • Shanid T A aged 27 years S/o Mohammed, Thelishi House, Cheruvadi PO, Chullikkaparamb, Kozhikode

Legal Representation & Advocates

Counsels for Petitioners

  • • P.V. Anoop
  • • Phijo Pradeesh Philip
  • • Anju R S
  • • K C Mohamed Rashid
  • • Bijitha B Bose

Counsels for Respondents

  • • Neema T V

Case Synopsis & Summary

This is a second bail application under Section 439 CrPC filed by accused 1 to 3 in Crime No.963/2023 of KunNamangalラム Police Station, Kozhikode, alleging offences under Sections 365, 341, 323 and 307 read with Section 34 IPC. The petitioners were arrested on 20.11.2023. The prosecution case is that on 15.11.2023 at about 16:30 hours, the accused forcibly compelled the younger brother of the de facto complainant to get into a car near KMCT Engineering College and brutally assaulted him, resulting in grievous injuries. The earlier bail petition was dismissed on the ground that the injured was in a comatose state and cannot record a statement; hospital records later showed discharge on 05.12.2023, leading to the argument that the injured was not in coma. The court notes that the petitioners have been in custody for over 63 days and that the investigation is practically complete with recoveries to be effected if necessary. The Public Prosecutor opposed grant of bail, maintaining ongoing investigation. After considering these materials, the Judge concludes that the petitioners are entitled to bail subject to stringent conditions. The order grants bail on bonds of Rs.50,000 each with two solvent sureties, and imposes conditions including regular appearance, non-interference with witnesses, prohibition against new offences, surrender of passports, and a provision for cancellation or modification of bail if violated. The court also cites a Supreme Court principle via Sushila Aggarwal to permit recoveries on information while on bail.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 365, 341, 323 and 307 read with Section 34 of the Indian Penal CodeIndian Penal Code, 1860Code of Criminal Procedure, 1973

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the earlier denial of bail was founded on an incorrect assumption that the injured victim remained in a comatose state at the time of the earlier proceedings. The hospital record shows discharge on 05.12.2023, which undermines the comatose claim. The petitioners have already undergone custody since 20.11.2023 (63 days) and the investigation is practically complete. They are willing to comply with stringent conditions and pledge to abide by any safety measures. Given the progress of the investigation and the factual evidence, continued detention is unnecessary, and bail with conditions should be granted to enable them to assist in further investigation and to prevent undue hardship.

Contentions of Respondents

The State contended that the injured person was in a comatose state initially, making verification of statements difficult, and that the investigation is still ongoing with a need to effect recoveries. Accordingly, the State urged against granting bail at that stage and emphasized the priority of completing the investigation and ensuring accountability.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Sushila Aggarwal v. State (NCT of Delhi) and another2020 (1) KHC 663PositiveThe court relies on the Supreme Court principle cited in Sushila Aggarwal to justify that recoveries may be effected on information supplied by the petitioners even while they are on bail, supporting the imposition of conditions and potential further action within bail.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **TUESDAY, THE 23[RD] DAY OF JANUARY 2024 / 3RD MAGHA, 1945** **BAIL APPL. NO. 445 OF 2024** **CRIME NO.963/2023 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE** **PETITIONERS/ACCUSED 1 TO 3:** - **1 SANJAY DAS AGED 24 YEARS S/O MOHAN DAS GOKULAM HOUSE, KUNNAMANGALAM PO, KOZHIKODE-673570** - **2 ROHIT AGED 22 YEARS S/O SUJITH KUMAR, NANDANAM HOUSE, MANASSERY PO, MUKKAM, KOZHIKODE, PIN - 673572** - **3 ATHUL M.K AGED 23 YEARS S/O ANANDAN, MELE KOOMULLAMKUZHIYIL HOUSE, KUNNAMANGALAM PO, KOZHIKODE - 673570** **BY ADVS. P.V.ANOOP PHIJO PRADEESH PHILIP ANJU R S. K C MOHAMED RASHID BIJITHA B. BOSE** ## **- RESPONDENTS/STATE/DE FACTO COMPLAINANT/VICTIM:** - **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031** - **2 STATION HOUSE OFFICER KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT, PIN - 673571** - **3 SHAMEER T AGED 36 YEARS S/O MOHAMMED, THELISHI HOUSE, CHERUVADI PO, CHULLIKKAPARAMB, KOZHIKODE, PIN – 673661** **BAIL APPL.NO.445 OF 2024** **2** **4 SHANID T AGED 27 YEARS S/O MOHAMMED, THELISHI HOUSE, CHERUVADI PO, CHULLIKKAPARAMB, KOZHIKODE, PIN - 673661** **SR PP SMT NEEMA T V** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **BAIL APPL.NO.445 OF 2024** **3** ## **O R D E R** This is the second application filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 3 in crime No.963/2023 of the Kunnamangalam Police Station, Kozhikode, registered against the accused for allegedly committing the offences punishable under Secs.365, 341, 323 and 307 read with Sec.34 of the Indian Penal Code. The petitioners were arrested on 20.11.2023. 2. The gist of the prosecution case is that: around 16.30 hours on 15.11.2023, the accused forcefully made the younger brother of the defacto-complainant to enter into a car in front of KMCT Engineering College, Kallanthodu and they brutally assaulted and caused grievous injuries to the injured. Thus, the accused have committed the above offences. 3. Heard; Sri.P.V.Anoop, the learned counsel **BAIL APPL.NO.445 OF 2024** **4** appearing for the petitioners and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondents. 4. The learned counsel for the petitioners submitted that this Court had dismissed the earlier bail application filed by the petitioners as per Annexure E order principally on the submission made by the learned Public Prosecutor that the injured was still in a comatose stage and his statement could not be recorded and it is only after the injured regaining his consciousness, could the investigation progress. As per Annexure F certificate issued by the hospital, where the injured was treated, namely, IQRAA Hospital, Kozhikode, the injured was admitted on 15.11.2023 and was discharged on 05.12.2023. Therefore, the submission that the injured was in a comatose stage is not correct. Moreover, the petitioners have been in incarceration for the last 63 days. The investigation in the case is practically complete. The petitioners' further detention is unnecessary. The petitioners are willing to abide by any stringent condition that may be imposed by this Court. Hence, the application may be **BAIL APPL.NO.445 OF 2024** **5** allowed. 5. The learned Public Prosecutor opposed the application. She justified her submission that the statement of the injured could not be recorded because he was in a comatose stage. The argument that, though the injured may have been discharged from the hospital, he could not give his statement. The investigation is still in progress. The recovery is to be effected. Therefore, the application may be dismissed. 6. On an overall consideration to the materials placed on record, particularly taking note of the fact that the petitioners have been in judicial custody since 20.11.2023, which is more than 63 days, that Annexure F treatment record shows that the injured was discharged from the hospital on 05.12.2023, which is more than a month back, the investigation in the case is practically complete, and that the petitioners' further detention is unnecessary, I am of the definite view that the petitioners are entitled to be released on bail, but subject to stringent conditions. Hence, I am **BAIL APPL.NO.445 OF 2024** **6** inclined to allow the bail application. 7. In the result, the application is allowed, by directing the petitioners to be released on bail on their executing separate bonds for Rs.50,000/- (Rupees Fifty Thousand 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 petitioners shall appear before the Officer on Investigating every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. They shall also appear before the Investigating Officer as and when required; (ii) The petitioners 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; **BAIL APPL.NO.445 OF 2024** **7** - (iii) The petitioners shall not commit any offence while they are on bail; - (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passport, they 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. - (vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to **BAIL APPL.NO.445 OF 2024** **8** effect recoveries on the information, if any, given by the petitioners even while the petitioners are 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** **shg**