High Court of KeralaSingle JudgeBail granted; application allowed with standard...

Shamnad K.P. v. State of Kerala

Case / Petition Number:BAIL APPL. NO. 2774 OF 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C. S. DIAS
Judgment Date
2024-04-09
Court Decision / Holding
The application is allowed. Bail is granted to the petitioner on furnishing a bond of Rs. 50,000 with two sureties of Rs. 50,000 each, and subject to conditions: (i) regular appearance before the Investigating Officer; (ii) no inducement or threat to witnesses or tampering with evidence; (iii) no commission of any offence while on bail; (iv) surrender of passport if any; (v) empowerment of the court to cancel bail on violation; (vi) enable applicability of modification/deletion of conditions; (vii) IO may investigate and recoveries may be effected even while on bail, as per Sushila Aggarwal dictum.
Final Disposition
Bail granted; application allowed with standard bail conditions and statutory safeguards.

Parties to the Case

Appellants / Petitioners

  • Shamnad K.P.

Respondents

  • State of Kerala represented by Public Prosecutor, High Court of Kerala; Station House Officer, Tirur Police Station, Tirur, Malappuram

Legal Representation & Advocates

Counsels for Petitioners

  • • Sidharth O. Susanth
  • • Shaji AlbIn A.
  • • Joseph Musthafa C.

Case Synopsis & Summary

This is a bail application under Section 439 CrPC filed by Shamnad K.P., the fourth accused in Crime No.1187/2023 of Tirur Police Station, Malappuram, for an alleged offence punishable under Section 379 read with Section 34 IPC. The prosecution claims that between 26-06-2023 and 27-06-2023, accused 1-3 stole a vehicle KL-71-E/5257 and handed it to the petitioner, who allegedly knew it was stolen and purchased it, causing a loss of Rs. 1,10,000 to the complainant. The petitioner contends his innocence, alleging false implication, and notes that investigation is complete with final report filed, and he has been in custody since 07-02-2024. The Public Prosecutor opposes bail, arguing prior criminal antecedents and the risk of tampering with evidence, especially given related cases and a pending CC No.890/2024. The High Court evaluates the material, including the fact that the investigation is complete and the final report filed, and relies on constitutional and Supreme Court bail jurisprudence emphasizing presumption of innocence, the general rule that bail is the norm, and the potential violation of Article 21 rights through prolonged detention. On balance, the court grants bail, directing bond and sureties with standard conditions and recognizing the IO’s authority to investigate even while bail is in force. The order emphasizes compassionate, judicious consideration of bail in a case with completed investigation.

Provisions of Law Cited

Section 439 CrPCSection 379 r/w Section 34 IPC

Legal Doctrines & Maxims

  • Presumption of innocence until guilt is established (Sanjay Chandra v. CBI, 2012 1 SCC 40)
  • Bail is the rule and jail is the exception (Dataram Singh v. State of U.P., 2018 3 SCC 22)
  • Undertrial detention without adequate reason or delay infringes Article 21 (State of Kerala v. Raneef, 2011 1 SCC 784)
  • Powers of the Investigating Officer to investigate and effect recoveries even while on bail (Sushila Aggarwal v. State (NCT of Delhi) and another, 2020 (1) KHC 663)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner, through counsel, submits total innocence and_false implication in Crime No.1187/2023. He contends that the only overt act alleged is his receipt of stolen property, knowing it was stolen. Since he has been in judicial custody since 07.02.2024, investigation is complete, and final report is laid, there is no likelihood of tampering with evidence. The petitioner seeks release on bail as per settled bail jurisprudence emphasizing the presumption of innocence and the need to avoid continuing detention without conviction. The plea stresses that the accused's arrest was not based on direct involvement in the theft, and the final report negates the necessity of further detention given the completed investigation, with the case already numbered as CC No.890/2024.

Contentions of Respondents

The Public Prosecutor opposes bail, citing the petitioner’s criminal antecedents and involvement in two crimes, including an NDPS matter, suggesting tampering with evidence if released. While conceding that investigation is complete and final report laid, the defense is that bail should be denied given the potential impact on witnesses and the integrity of ongoing proceedings. The prosecution highlights the gravity of the offence and the need to ensure fair trial, noting the case is at the stage post-investigation but before trial, requiring cautious exercise of discretion in bail. It contends the accused’s release could undermine the investigation’s outcomes and the complainant’s interests.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Sanjay Chandra v. CBI2012 1 SCC 40PositiveCited for the presumption of innocence and rejection of bail denial purely on prior conduct.
Dataram Singh v. State of U.P.2018 (3) SCC 22PositiveCited for the principle that bail is the rule and detention is the exception, to be weighed on facts.
State of Kerala v. Raneef2011 (1) SCC 784PositiveCited to emphasize right to life under Article 21 and concern over prolonged detention and its impact on bail.
Sushila Aggarwal v. State (NCT of Delhi) and another2020 (1) KHC 663PositiveCited to justify that Investigating Officer can investigate and effect recoveries even while the accused is on 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 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946** **BAIL APPL. NO. 2774 OF 2024** **CRIME NO.1187/2023 OF Tirur Police Station, Malappuram** **PETITIONER/S:** **SHAMNAD K.P. AGED 27 YEARS S/O ALI, KUYILIPARAMBIL HOUSE, PURATHOOR POST, TIRUR MALAPPURAM DISTRICT,, PIN - 676102** **BY ADVS. SIDHARTH O. SUSANTH SHAJI ALBIN A. JOSEPH MUSTHAFA C** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, TIRUR POLICE STATION TIRUR POLICE STATION, TIRUR, MALAPPURAM, PIN - 676102** ## **OTHER PRESENT:** ## **SR PP SMT SEETHA S** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 2774 OF 2024 2 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 4[th] accused in Crime No.1187/2023 of the Tirur Police Station, Malappuram, registered against the accused for allegedly committing the offence punishable under Sec.379 r/w Sec.34 of the Indian Penal Code (in short, 'IPC'). The petitioner was arrested on 07.02.2024. 2. The essence of the prosecution case is that: between 26.06.2023 and 27.06.2023, the accused 1 to 3 had stolen a vehicle bearing No.KL-71-E/5257 and had handed over the same to the 4[th] accused, who knowing that the property was stolen, purchased it from the accused 1 to 3. The accused caused a loss of Rs.1,10,000/- to the defacto complainant. Thus, the accused have committed the above offence. 3. Heard; Sri.Sidharth O., the learned counsel appearing for the petitioner and Smt.Seetha S., the BAIL APPL. NO. 2774 OF 2024 3 learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. He has been falsely implicated in the crime. A reading of Annexure A1 FIR would substantiate that the only overt act alleged against the petitioner is that he received the stolen property knowing that it was stolen. The petitioner is totally innocent of the allegations leveled against him. The petitioner has been in judicial custody since 07.02.2024, the investigation in the case is complete and the final report has been laid. Therefore, the petitioner's further detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She submitted that the petitioner is a person with criminal antecedents. The petitioner is involved in BAIL APPL. NO. 2774 OF 2024 4 two crimes, one is of the similar nature and another for allegedly committing the offence under the NDPS Act. If the petitioner is released on bail, he would certainly tamper with the evidence. Nonetheless, she conceded to the fact that the investigation is complete and the final report has been laid and the case has been numbered as C.C.No.890/2024 on the file of the Judicial First Class Magistrate Court, Tirur. 6. On an evaluation of the materials on record, it can be gathered that the prosecution allegation against the petitioner is that he knowingly received the stolen property from the accused 1 to 3. The fact remains that the petitioner has been in judicial custody since 07.02.2024, the investigation in the case is complete and the final report has been laid. 7. In **Sanjay Chandra v. CBI,** [2012 1 SCC 40], the BAIL APPL. NO. 2774 OF 2024 5 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 punitive and it would be improper on the part of the Court to refuse bail solely on the ground of former conduct. 8. 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. 9. In **State of Kerala v. Raneef,** [(2011) 1 SCC 784], the Honourable Supreme Court has declared that BAIL APPL. NO. 2774 OF 2024 6 undertrial prisoners detained in jail for indefinite periods, 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. 10. On a consideration of the facts, the rival submissions made across the Bar and the materials placed on record, especially on considering the fact that the petitioner has been in judicial custody since 07.02.2024, the investigation in the case is complete and the final report has been laid, I am of the view that the petitioner's further detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum, to the BAIL APPL. NO. 2774 OF 2024 7 satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer as and when directed; (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 to BAIL APPL. NO. 2774 OF 2024 8 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 effect recoveries on the information, if any, given by the petitioner even while the petitioner is 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** rkc/09.04.24 BAIL APPL. NO. 2774 OF 2024 9 ## **APPENDIX OF BAIL APPL. 2774/2024** ## **PETITIONER ANNEXURES** **Annexure A1 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO. 1187/2023 ON THE FILES OF TIRUR POLICE STATION, MALAPPURAM** |**Annexure A2**|**TRUE PHOTOSTAT COPY OF THE ORDER DATED**| |---|---| ||**12.02.2024 IN CMP NO. 426/2024 ON THE**| ||**FILES OF HON'BLE JUDICIAL FIRST CLASS**| ||**MAGISTRATE COURT-1, TIRUR**| - **Annexure A3 TRUE PHOTOSTAT COPY OF THE ORDER DATED 28.02.2024 IN CRL. M.C. NO. 247/2024 ON THE FILES OF HON'BLE SESSIONS COURT, MANJERI** |**Annexure A4**|**TRUE PHOTOSTAT COPY OF THE ORDER DATED**| |---|---| ||**13.03.2024 IN CRL. M.C. NO. 309/2024 ON**| ||**THE FILES OF HON'BLE SESSIONS COURT,**| ||**MANJERI**| |**Annexure A5**|**TRUE PHOTOSTAT COPY OF THE ORDER DATED**| |---|---| ||**26.03.2024 IN CRL. M.C. NO. 404/2024 ON**| ||**THE FILES OF HON'BLE SESSIONS COURT,**| ||**MANJERI.**|