High Court of KeralaSingle Judge2024-03-15Bail granted; petitioner released on bail subje...

Shanavas v. State of Kerala

Case / Petition Number:BAIL APPL. NO. 1305 OF 2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.S. Dias
Judgment Date: 2024-03-15
Court Decision / Holding: The bail application is allowed. The petitioner is ordered to be released on bail on executing a bond for Rs.50,000 with two solvent sureties for an equal sum, to the satisfaction of the court having jurisdiction, subject to conditions: (i) the petitioner shall appear before the Investigating Officer on Saturdays for a period of one month or until the final report is laid, (ii) shall not induce or threaten any witness or tamper with evidence, (iii) shall not commit any offence while on bail, (iv) shall surrender any passport, or file an affidavit if none, (v) shall provide current and permanent address and mobile number to the court and IO, (vi) the court may cancel bail on violation of conditions, (vii) applications for modification of bail conditions may be entertained, and (viii) the IO may continue to investigate and recover information during bail as per the Supreme Court guidance in Sushila Aggarwal v. State (NCT of Delhi) and Anr. (2020 (1) KHC 663).
Final Disposition: Bail granted; petitioner released on bail subject to specified conditions and ongoing investigation as permitted by law and the Sushila Aggarwal principle.

Parties to the Case

Appellants / Petitioners

Shanavas

Respondents

State of Kerala, represented by the Public Prosecutor, High Court of Kerala, Ernakulam
The Station House Officer, Pathanapuram Police Station, Kollam

Legal Representation & Advocates

Counsels for Petitioners

• K. Sudhinkumar
• S. Nithin (AnchAL)

Counsels for Respondents

• Smt. Nima Jacob

Case Synopsis & Summary

Shanavas v. State of Kerala is a bail petition before the Kerala High Court under section 439 CrPC in which the first accused seeks bail in crime no. 157/2024 of Pathanapuram Police Station, Kollam, for alleged offences under sections 323, 326 and 308 read with section 34 IPC. The prosecution alleges that on 03 February 2024, around 6:30 PM, the accused reportedly kicked the defacto complainant in front of a bar, causing him to fall, hit his head on a boundary wall, and sustain injuries requiring treatment at a trauma care facility; he was arrested on 05 February 2024. The petitioner contends innocence and argues that sections 326 and 308 IPC are wrongly invoked; Annexure A1 FIR suggests those offences are not attracted. The petitioner has been in custody since 05.02.2024, the investigation is largely complete, and there are no criminal antecedents. The Public Prosecutor opposes bail citing injuries and ongoing investigation with potential witness intimidation. After hearing, the court finds no weapon used, no antecedents, and that the investigation is practically complete, and accordingly grants bail with conditions. The order cites Sushila Aggarwal v. State (NCT of Delhi) and Anr. to permit police recoveries during bail. The judge emphasizes compliance with bail conditions and continued investigation as required.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 323, 326 and 308 read with Section 34 of the Indian Penal Code

Submissions & Arguments

Contentions of Appellants / Petitioners

Counsel for the petitioner submitted that the accused is innocent and that the inclusion of sections 326 and 308 IPC is unwarranted; Annexure A1 FIR would show those offences are not attracted. The petitioner has been in judicial custody since 05.02.2024; the investigation is complete and recoveries have been effected; he has no criminal antecedents; therefore, there is no necessity for further detention. It is argued that no weapon was used and there is no credible mens rea demonstrated to justify ongoing detention. The defense contends that release on bail with reasonable conditions will not impede investigation, and the court may rely on established principles that protect personal liberty while permitting police to complete their inquiry.

Contentions of Respondents

The Public Prosecutor opposed bail on the ground that the injured person suffered serious injuries requiring ICU treatment; the investigation is still in progress and there is a risk of witness intimidation if the accused is released on bail. The prosecution argues that bail should be denied to ensure the integrity of the investigation and to protect witnesses and the ongoing process.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State (NCT of Delhi) and Anr.	2020 (1) KHC 663	Positive	Cited as authority for allowing police to carry out recoveries and investigations during bail, reflecting the court's adherence to established Supreme Court principles.

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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** **FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 BAIL APPL. NO. 1305 OF 2024** **CRIME NO.157/2024 OF Pathanapuram Police Station, Kollam** **PETITIONER/S:** **SHANAVAS, AGED 26 YEARS S/O SHOUKATHALI, SHANAVAS MANZIL, SHAPPUMUKKU, MALOOR P.O,PATTAZHY VADAKKEKARA VILLAGE, KOLLAM, PIN - 689695** **BY ADVS. K.SUDHINKUMAR S.NITHIN (ANCHAL)** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER, PATHANAPURAM POLICE STATION, KOLLAM, PIN - 689695** ## **OTHER PRESENT:** ## **PP SMT NIMA JACOB** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 1305 OF 2024 2 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 1[st] accused in Crime No.157/2024 of the Pathanapuram Police Station, Kollam, registered against him for allegedly committing the offences punishable under Secs.323, 326 and 308 r/w Sec.34 of the Indian Penal Code (in short, 'IPC'). The petitioner was arrested on 05.02.2024. 2. The gist of the prosecution case is that: on 03.02.2024 at around 18.30 hours, while the friend of the defacto complainant was engaged in the lottery business in front of Palazhy Bar, Pathanapuram, the accused kicked on his chest and pushed him and his head hit on the boundary wall and he sustained serious injuries, and he turned unconscious. The injured had to undergo treatment at the trauma care of the Medical College Hospital, Thiruvananthapuram. Thus, the accused has committed the above offences. 3. Heard; Sri.K.Sudhinkumar, the learned counsel BAIL APPL. NO. 1305 OF 2024 3 appearing for the petitioner and Smt.Nima Jacob, the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation leveled against him. The Investigating Officer has deliberately incorporated Sections 326 and 308 of the IPC to deny bail to the petitioner. A reading of Annexure A1 FIR would substantiate that the above offences are not attracted. Notwithstanding the other contentions raised in the bail application, the petitioner has been in judicial custody since 05.02.2024, that the investigation in the case is complete and recovery has been effected. The petitioner does not have criminal antecedents. Therefore, the petitioner's further detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the BAIL APPL. NO. 1305 OF 2024 4 application. She contended that due to the act of the petitioner, the injured had suffered serious injuries and was treated as an inpatient in the ICU of the Medical College Hospital, Thiruvananthapuram. The investigation is still in progress. If the petitioner is released on bail, he may intimidate the witnesses. Hence, the application may be dismissed. 6. On an anxious consideration of the facts, the rival submissions made across the Bar and the materials placed on record, especially taking into account the fact that the petitioner has been in judicial custody since 05.02.2024, that no weapon was allegedly used in the alleged incident, that the petitioner is a person without any criminal antecedents and the investigation in the case is practically complete, I am of the view that the petitioner’s further detention is unnecessary. Hence, I am inclined to allow the BAIL APPL. NO. 1305 OF 2024 5 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 satisfaction of the court having jurisdiction, which shall be subject to the following conditions: - (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; - (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 BAIL APPL. NO. 1305 OF 2024 6 ## 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) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer; - (vi) 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. - (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. - (viii) 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 BAIL APPL. NO. 1305 OF 2024 7 Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and Anr.** [2020 (1) KHC 663]. sd/- rkc/15.03.24 **C.S.DIAS, JUDGE** BAIL APPL. NO. 1305 OF 2024 8 ## **APPENDIX OF BAIL APPL. 1305/2024** ## **PETITIONER ANNEXURES** **Annexure I TRUE COPY OF THE FIR IN CRIME NO. 157/2024 DATED 04.02.2024 REGISTERED BY THE 2ND RESPONDENT Annexure II TRUE COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, PATHANAPURAM DATED 06.02.2024 IN CMP NO. 154/2024**