Vishnu Raj v. State of Kerala & Station House Officer, Chirayinkeezhu Police Station

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` TUESDAY, THE 23[RD] DAY OF JULY 2024 / 1ST SRAVANA, 1946 ``` ## **`BAIL APPL. NO. 5219 OF 2024`** ``` CRIME NO.420/2024 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM ``` ## **`PETITIONER/FIRST ACCUSED:`** ``` VISHNU RAJ AGED 21 YEARS RESIDING AT PUNARTHAM HOUSE, NEAR MUDIPURA VAYAL, KODUMON DESOM, ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. PIN - 695101 ``` ``` BY ADVS. NAVANEETH.N.NATH SHINTO THOMAS GAUTHAM KRISHNA E.J. ABHIRAMI S. ``` ## **`RESPONDENT(S):`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682 031 2STATION HOUSE OFFICER CHIRAYINKEEZHU POLICE STATION, PIN – 695 304 BY ADV. SRI.C.S HRITHWIK (SENIOR PUBLIC PROSECUTOR) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.07.2024, THE ``` ``` COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.5219/2024 ``` ``` 2 ``` ## **ORDER** ## **Dated this the 23[rd] day of July, 2024.** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.420/2024 of the Chirayinkeezhu Police Station, Thiruvananthapuram, which is registered against the accused (2 in number) for allegedly committing the offences punishable under Sections 323, 324, 341, 506 (i) and 307 read with Section 34 of the Indian Penal Code, 1860. The petitioner was arrested and remanded to on judicial custody 28.05.2024. 2. The crux of the prosecution case is that; on 26.05.2024, at around 10 hours, the first accused entered into a verbal dual with the friend of the defacto complainant, named Mr.Adithyan, and pushed him into the vamanapuram river. When the defacto complainant attempted to intervene in the matter, the first accused fisted him with an interlocking brick and ``` BAIL APPL.NO.5219/2024 ``` ``` 3 ``` he suffered serious injuries. Thereafter, the first accused stabbed the de facto complainant with a glass piece. Thus, the accused have committed the above offences. 3. Heard; Sri.Navaneeth N. Nath, the learned counsel appearing for the petitioner and Sri.C.S. Hrithwik, the learned Senior Public Prosecutor. 4. The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to substantiate that the petitioner has committed the above offences. The Investigating Officer has deliberately incorporated Section 307 of IPC to see that the petitioner is denied bail. In any given case, the petitioner has been in judicial custody for the last 55 days, the investigation in the case is practically complete and recovery has been effected. Furthermore, the petitioner does not have any criminal antecedents. Hence, the application may be allowed. ``` BAIL APPL.NO.5219/2024 ``` ``` 4 ``` 5. The learned Public Prosecutor opposed the application. He submitted that investigation in the case is in progress. He also submitted that there are incriminating materials to substantiate the petitioner’s involvement in the crime. The petitioner had inflicted serious injuries on the de facto complainant. He made available the accident register cum wound certificate of the injured dated 26.05.2024, issued by the Taluk Head Quarters Hospital, Chirayinkeezhu to substantiate his assertion. He submitted that if the petitioner is released on bail, there is every likelihood of him intimidating the witnesses and tampering the evidence. Hence, the application may be dismissed. 6. The prosecution allegation against the petitioner is that; on 26.05.2024, he assaulted the de facto complainant and his friend and he stabbed the de facto complainant with the glass piece and he suffered injuries. The said allegation prima facie stands corroborated by the accident register cum ``` BAIL APPL.NO.5219/2024 ``` ``` 5 ``` wound certificate referred to above. However, that is a matter to be investigated and ultimately decided at the time of trial. The fact remains that the petitioner has been in judicial custody for the last 55 days, the investigation in the case is complete and recovery has been effected. Furthermore, I do not find that the petitioner has any criminal antecedents. 7. In **Sanjay Chandra v. CBI** [2012 1 SCC 40], the 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 bail applications, generally, it has been laid down from the earliest times that, the object of bail is to secure the appearance of the accused person at trial. The object of bail is neither punitive nor ``` BAIL APPL.NO.5219/2024 ``` ``` 6 ``` preventive. Deprivation of liberty must be considered a punishment. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until tried and duly found guilty. 9. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly taking into consideration the fact that the petitioner has been in judicial custody for the last 55 days, the investigation in the case is complete, recovery has been effected and further that the petitioner does not have any criminal antecedents, I am of the definite view that the petitioner’s further detention is unnecessary. Hence, I am inclined to allow the bail application, but subject to stringent conditions. 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 ``` BAIL APPL.NO.5219/2024 ``` 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 Officer on - Investigating every Saturday between 9 a.m. and 11 a.m till the final report is laid. 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 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; ``` BAIL APPL.NO.5219/2024 ``` ## **`8`** - (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 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 ``` ``` JJ ``` ## **`BAIL APPL.NO.5219/2024`** ``` 9 ``` ## **`APPENDIX OF BAIL APPL. 5219/2024`** |**`PETITIONER ANNEXURES`**||| |---|---|---| |**`Annexure A`**|**`A TRUE COPY OF THE FIR DATED 27/05/2024`**|**`IN CRIME NO.`**| ||**`420/2024 OF CHIRAYINKEEZHU POLICE STATION`**|| |**`Annexure B`**|**`A TRUE COPY OF THE REMAND REPORT DATED 28/05/2024 IN`**|| ||**`CRIME NO. 420/2024 OF CHIRAYINKEEZHU POLICE STATION`**|| |**`Annexure C`**|**`A TRUE COPY OF THE ORDER DATED 13/05/2024 IN CRIMINAL`**|| ||**`M.C. NO. 1524/2024 IN CRIME NO. `**|**`420/2024 OF`**| ||**`CHIRAYINKEEZHU POLICE STATION PASSED BY`**|**`THE HON'BLE`**| ||**`SESSIONS COURT, THIRUVANANTHAPURAM`**|| |||`//TRUE COPY//`| |||`PA TO JUDGE`|