Shajeer P.S. alias Saddam and Abdul Muthalib K.H. v. State of Kerala and S.H.O., Kaipamangalam Police Station, Thrissur

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` TUESDAY, THE 23[RD] DAY OF MAY 2023 / 2ND JYAISHTA, 1945 ``` ## **`BAIL APPL. NO. 3047 OF 2022`** ## **`CRIME NO.0254/2022 OF KAIPAMANGALAM POLICE STATION, THRISSUR`** ## **`PETITIONER/ACCUSED:`** - **`1 SHAJEER P.S. @ SADDAM AGED 31 YEARS PAZHOOMPARAMBIL, KOORIKUZHI, THRISSUR, KERALA - 680 681.,`** - **`2 ABDUL MUTHALIB K.H., AGED 30 YEARS KUNNUNGAL HOUSE, KAIPAMANGALAM, KOORIKUZHI, THRISSUR, KERALA- 680 681,`** - **`BY ADVS. STIYA SIVAN SITHARA HAMZA KIZHAKOOT ANILA ANTONY`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031`** - **`2 STATION HOUSE OFFICER, KAIPAMANGALAM POLICE STATION, THRISSUR DISTRICT- 680 681.`** ## **`SMT.MAYA.KURIAKOSE, PP`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 3047 OF 2022 ``` ``` 2 ``` ## **P.V.KUNHIKRISHNAN, J. ================== B.A.No. 3047 of 2022** ## **================== Dated this the 23[rd] day of May, 2023** ## **O R D E R** This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) 2. Petitioners are the accused in Crime No.254 of 2022 in Kaipamangalam Police Station, Thrissur. The above case is registered against the petitioner alleging offences punishable under Sections 341, 323, 324, 294(b), 308 and r/w Section 34 of the Indian Penal Code. 3. The prosecution case is that on 28.03.2022 the petitioners wrongfully restrained the defacto complainant and assaulted him which resulted serious injuries to the de facto complainant. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. ``` BAIL APPL. NO. 3047 OF 2022 ``` ``` 3 ``` 5. The learned Counsel for the petitioners submitted that the other accused were already released on bail under Section 438 of Cr.P.C. The learned Counsel for the petitioners submitted that, the investigation of the case is almost over. 6. The learned Public Prosecutor submitted that the petitioners are involved in other cases also. 7. It is true that the allegation against the petitioners are serious and the petitioners are involved in some other cases. Simply because the petitioners are involved in some other cases, that alone is not a reason to reject the bail. This bail application is pending before this Court from 2022 onwards. This Court passed an order on 19.04.2022, to the effect that the petitioners shall not be arrested and that order is in force even now. It is admitted by the prosecution that the investigation of the case is not over. If that is the case, the custodial interrogation of the petitioners may ``` BAIL APPL. NO. 3047 OF 2022 ``` ``` 4 ``` not be necessary in facts and circumstances of the case. The petitioners can be directed to appear before the Investigating Officer so that the Investigating Officer can interrogate the petitioners. Thereafter, if they are arrested there can be a further direction to release on bail on stringent conditions. 8. 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. 9. 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: ``` BAIL APPL. NO. 3047 OF 2022 ``` ``` 5 ``` 1. Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation; 2. After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned; 3. Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; 4. Petitioners shall not leave India without permission of the jurisdictional Court; 5. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the ``` BAIL APPL. NO. 3047 OF 2022 ``` ``` 6 ``` commission of which they are suspected; 6. If any of the above conditions are violated by the petitioners, 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** LU ``` BAIL APPL. NO. 3047 OF 2022 ``` ``` 7 ``` ## **`APPENDIX OF BAIL APPL. 3047/2022`** ## **`PETITIONER ANNEXURES :`** ``` ANNEXURE1A TRUE COPY OF THE COMPLAINT DATED 04/11/2021 SUBMITTED BY THE 1ST PETITIONER AGAINST MR. LAL KUMAR, CIRCLE INSPECTOR, THRISSUR EAST POLICE STATION AND OTHER OFFICERS BEFORE THE CHIEF MINISTER OF KERALA. ``` ``` ANNEXURE A1 AA TRUE COPY OF THE COMPLAINT DATED 04/11/2021 SUBMITTED BY THE 1ST PETITIONER AGAINST MR. LAL KUMAR, CIRCLE INSPECTOR, THRISSUR EAST POLICE STATION AND OTHER OFFICERS BEFORE THE DGP. ``` ``` ANNEXURE A1BA TRUE COPY OF THE COMPLAINT DATED 04/11/2021 SUBMITTED BY THE 1ST PETITIONER AGAINST MR. LAL KUMAR, CIRCLE INSPECTOR, THRISSUR EAST POLICE STATION AND OTHER OFFICERS BEFORE THE COMMISSIONER OF POLICE. ``` ``` ANNEXURE A1 CA TRUE COPY OF THE COMPLAINT DATED 04/11/2021 SUBMITTED BY THE 1ST PETITIONER AGAINST MR. LAL KUMAR, CIRCLE INSPECTOR, THRISSUR EAST POLICE STATION AND OTHER OFFICERS BEFORE THE HOME MINISTER ``` - **`ANNEXURE A1 D A TRUE COPY OF THE COMPLAINT DATED 04/11/2021 SUBMITTED BY THE 1ST PETITIONER AGAINST MR. LAL KUMAR, CIRCLE INSPECTOR, THRISSUR EAST POLICE STATION AND OTHER OFFICERS BEFORE THE DISTRICT POLICE COMPLAINT AUTHORITY`** - **`ANNEXURE A1 E A TRUE COPY OF THE COMPLAINT DATED 04/11/2021 SUBMITTED BY THE 1ST PETITIONER AGAINST MR. LAL KUMAR, CIRCLE INSPECTOR, THRISSUR EAST POLICE STATION AND OTHER OFFICERS BEFORE I.G.`** - **`ANNEXURE A2 A TRUE COPY OF THE JUDGEMENT DATED 12/10/2020 OF THIS HON'BLE COURT IN W.P. (C) 20396/2020`** - **`ANNEXURE A3 A TRUE COPY OF THE COMPLAINT SUBMITTED`** ``` BAIL APPL. NO. 3047 OF 2022 ``` ``` 8 ``` ``` BY THE 2ND PETITIONER AGAINST S.H.O AND OTHER POLICE OFFICERS OF KAIPAMANGALAM POLICE STATION . ``` ``` // True Copy // PA To Judge ```