BY AD vs P.E.SAJAL

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3798 of 2025 3 P.V.KUNHIKRISHNAN, J. ---------------------------- B.A. No.3798 of 2025 ----------------------------- Dated this the 27th day of March, 2025 ORDER This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.

2. The petitioners are accused in Crime No.186 of 2024 of Vidyanagar Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 118(1), 324(3) and 110 r/w 190 of of Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case is that on 06.03.2025, at 6.40 p.m., the accused wrongfully restrained the de facto complainant and attacked him while travelling in his car and thereby committed the offence. B.A.No.3798 of 2025 4

4. Heard counsel for the petitioner and the Public Prosecutor.

5. Counsel for the petitioner submitted that even if the entire allegations are accepted, the offences alleged are not attracted. It is also submitted that it is a case and counter case. Crime No.185 of 2025 was registered first, in which the de facto complainant in this case was the accused Nos.1 to 5. The counsel submitted that the petitioner is ready to abide any conditions imposed by this Court, if this Court grant him bail.

6. The public prosecutor opposed the bail application. But, the public prosecutor submitted that as per the report received by him, no criminal antecedents is alleged against the petitioner. B.A.No.3798 of 2025 5

7. This Court considered the contention of the petitioners and the Public Prosecutor. It is true that allegation against the petitioners are serious, but it is a case and counter case. There are two versions about the same incident which version is corrected cannot be decided in the bail application. Considering the facts and circumstances of the cases, I think that the petitioner can be granted bail after imposing 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 B.A.No.3798 of 2025 6 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. Recently the Apex Court in Siddharth v State of Uttar Pradesh and Another [2021(5)KHC 353] considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder. “12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others B.A.No.3798 of 2025 7 (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.”

10. In Manish Sisodia v. Central Bureau of Investigation [2023 KHC 6961], the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case.

11. 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:

1. The petitioner shall appear B.A.No.3798 of 2025 8 before the Investigating Officer within two weeks from today and shall undergo interrogation.

2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned.

3. The petitioner shall appear before Investigating Officer interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or B.A.No.3798 of 2025 9 promise 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.

4. Petitioner shall not leave India without permission of the jurisdictional Court.

5. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

6. 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 B.A.No.3798 of 2025 10 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].

7. If any of the above conditions are violated by the petitioner, jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. Sd/- P.V.KUNHIKRISHNAN JUDGE Scl/

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3798 of 2025 3 P.V.KUNHIKRISHNAN, J. ---------------------------- B.A. No.3798 of 2025 ----------------------------- Dated this the 27th day of March, 2025 ORDER This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.

2. The petitioners are accused in Crime No.186 of 2024 of Vidyanagar Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 118(1), 324(3) and 110 r/w 190 of of Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case is that on 06.03.2025, at 6.40 p.m., the accused wrongfully restrained the de facto complainant and attacked him while travelling in his car and thereby committed the offence. B.A.No.3798 of 2025 4

4. Heard counsel for the petitioner and the Public Prosecutor.

5. Counsel for the petitioner submitted that even if the entire allegations are accepted, the offences alleged are not attracted. It is also submitted that it is a case and counter case. Crime No.185 of 2025 was registered first, in which the de facto complainant in this case was the accused Nos.1 to 5. The counsel submitted that the petitioner is ready to abide any conditions imposed by this Court, if this Court grant him bail.

6. The public prosecutor opposed the bail application. But, the public prosecutor submitted that as per the report received by him, no criminal antecedents is alleged against the petitioner. B.A.No.3798 of 2025 5

7. This Court considered the contention of the petitioners and the Public Prosecutor. It is true that allegation against the petitioners are serious, but it is a case and counter case. There are two versions about the same incident which version is corrected cannot be decided in the bail application. Considering the facts and circumstances of the cases, I think that the petitioner can be granted bail after imposing 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 B.A.No.3798 of 2025 6 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. Recently the Apex Court in Siddharth v State of Uttar Pradesh and Another [2021(5)KHC 353] considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder. “12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others B.A.No.3798 of 2025 7 (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.”

10. In Manish Sisodia v. Central Bureau of Investigation [2023 KHC 6961], the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case.

11. 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:

1. The petitioner shall appear B.A.No.3798 of 2025 8 before the Investigating Officer within two weeks from today and shall undergo interrogation.

2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned.

3. The petitioner shall appear before Investigating Officer interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or B.A.No.3798 of 2025 9 promise 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.

4. Petitioner shall not leave India without permission of the jurisdictional Court.

5. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

6. 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 B.A.No.3798 of 2025 10 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].

7. If any of the above conditions are violated by the petitioner, jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. Sd/- P.V.KUNHIKRISHNAN JUDGE Scl/