Shiyas B and Basheer M v. State of Kerala
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C. S. Dias
- Judgment Date
- 2024-03-04
- Court Decision / Holding
- The application is allowed; the petitioners Shiyas B and Basheer M are ordered to be released on bail on a bond of Rs.50,000 each with two solvent sureties of like amount, subject to conditions: (i) petitioners to appear before the Investigating Officer every Saturday 9 a.m. to 11 a.m. for one month or until final report, whichever earlier; (ii) not to induce or threaten witnesses or tamper with evidence; (iii) not to commit any offence while on bail; (iv) surrender passports or file affidavits if none; (v) bail can be canceled for violation of conditions; (vi) applications for modification of bail conditions to be entertained by the court below; (vii) Investigating Officer may continue investigation and effect recoveries as necessary, in line with Sushila Aggarwal v. State (NCT of Delhi) and another.
- Final Disposition
- Application allowed; bail granted to the petitioners with specified conditions.
Parties to the Case
Appellants / Petitioners
- Shiyas B
- Basheer M
Respondents
- State of Kerala represented by Public Prosecutor, High Court of Kerala
Legal Representation & Advocates
Counsels for Petitioners
- • V. A. Johnson (Varikkappallil)
Counsels for Respondents
- • Sri C. S. Hrithwik (Public Prosecutor)
Case Synopsis & Summary
This is a Kerala High Court bail application (BA No.1618 of 2024) in which petitioners Shiyas B and Basheer M seek bail under Section 439 CrPC in Crime No.105/2024 of Nenmara Police Station, Palakkad, for alleged offences under IPC sections 341, 324 and 308 r/w 34. The prosecution alleges that on 17 February 2024, in furtherance of a common intention, the accused formed an unlawful assembly, the first accused uttered obscene words, restrained the complainant, and caused hurt with a wooden stick, with the second accused joining in; the injuries were alleged to be serious though the wound certificate later shows contusions and a black eye. The petitioners have remained in judicial custody since 18 February 2024, and the investigation is said to be practically complete with recoveries effected. The defence contends that 308 is not attracted and that the injuries are not grievous, arguing that denying bail would be contrary to the presumption of innocence and constitutional protections. The Public Prosecutor contends the injuries are serious. Relying on Supreme Court precedents on the presumption of innocence, bail as a rule, and the need to avoid undue detention (including in cases like State of Kerala v. Raneef and Dataram Singh), the court ultimately allows bail, noting the minor nature of injuries and the completed investigation, with conditions designed to prevent abuse, ensure appearance, and permit continued investigation where necessary.
Provisions of Law Cited
Legal Doctrines & Maxims
- Presumption of innocence until guilt is established
- Bail is the rule and detention before conviction is an exception
- Right to life under Article 21 and protection against undue/delayed detention of undertrial prisoners
- Investigation and recovery can continue while on bail, as laid down in Sushila Aggarwal v. State (NCT of Delhi) and another
Submissions & Arguments
Contentions of Appellants / Petitioners
Counsel for petitioners submitted that the petitioners are totally innocent; Annexure-1 FIR indicates Section 308 is not attracted, apparently inserted to deny bail. The de facto complainant sustained only contusions and a black eye; no grievous injuries alleged. Petitioners have been in judicial custody since 18 February 2024 and the investigation is practically complete with recoveries effected; thus, further detention is unnecessary. Relying on the presumption of innocence, the court should ordinarily grant bail. The petitioners argue that bail is the rule and imprisonment is the exception (as per Dataram Singh and Sanjay Chandra), that the right to liberty is guarded by Article 21, and that the injuries and the offences do not justify indefinite detention. They request grant of bail with suitable conditions.
Contentions of Respondents
The State contends that the petitioners caused serious injuries to the de facto complainant; the wound certificate and accident registry indicate significant injuries. The offences under IPC 341, 324 and 308 r/w 34 are severe, and the investigation is at a late stage; bail in such circumstances could hamper the investigation and risk tampering. Citing the seriousness of the injuries, the State argues for denying bail to ensure ongoing investigation and to prevent possible re-offence, while acknowledging that the investigation is near completion.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sanjay Chandra v. CBI | 2012 1 SCC 40 | Positive | Anchors the presumption of innocence and cautions against denying bail solely on prior conduct. |
| Dataram Singh v. State of U.P. | (2018) 3 SCC 22 | Positive | States bail is the rule and imprisonment before conviction is the exception; discretion must be exercised judiciously and with compassion. |
| State of Kerala v. Raneef | (2011) 1 SCC 784 | Positive | Underscores that prolonged undertrial detention without sufficient cause violates Article 21. |
| Sushila Aggarwal v. State (NCT of Delhi) and another | (2020) (1) KHC 663 | Positive | Cited for principle allowing ongoing investigation and recoveries even while on bail, as laid down by the Supreme Court. |
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