Kerala High Court Grants Approves Bail Application

Must Read

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi,...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and...

Follow us

On 26 August 2020, The Kerala High Court involving a single bench judge of Honourable Mr Justice Ashok Menon heard the case of Prince v. State of Kerala.

Facts of the Case

Applicants are accused 1 and 2, Prince and Sunny of Chavara Thekkumbhagom Police Station, Kollam, for having allegedly committed offences punishable under Sections 143, 144, 147, 341, 323, 324, 326 and 427 r/w 149 of the IPC. On 16.02.2020 at about 10.30 PM, at a place called Ayyankoyikkal Vanchimukku, the applicants’ Prince and Sunny along with 5 others, all part of an unlawful assembly, caused grievous hurt to the defacto complainant. The de facto complainant was travelling on a motorcycle when one of the accused kicked him and he fell down. They also assaulted him with sticks. One Krishnamoorthy, who came to assist the defacto complainant was severely beaten up by the accused, as a result of which, he also sustained injury. The friend of the defacto complainant had lost his eyesight in the attack. A mobile phone belonging to the defacto complainant worth ₹30,000 was also lost in the scuffle.

Petitioners’ Argument

The applicants state that they are innocent and the allegations are false. The applications were disposed of, with a direction to surrender before the Investigating Officer. Accordingly, both of them surrendered on 11.08.2020. Custodial interrogation is over, recovery is also complete. The applicants, therefore, pray that they may be released on bail. It is further submitted that the 3rd accused has already been granted bail.

Respondents’ Argument

The learned public prosecutor points out to the antecedents of the applicants by stating that they were involved in ever so many cases including offence under Section 302 of the IPC and therefore, releasing them on bail would only result in their reiterating similar offences.

Court’s Observation

The court in the case of Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870), observed that it is a well-accepted principle that bail is the rule and jail is the exception so as to ensure that the accused has the opportunity of securing fair trial.

Court’s Decision

In the end, the application is allowed and the applicants are directed to be released on bail after the execution of bonds for ₹50,000 each, with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) They shall appear before the Investigating Officer on all Mondays, between 9.00 Am and 12.00 Pm for a period of three months or till filing of the final report whichever is earlier.

(ii) They shall not intimidate or influence witnesses and tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments of the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi, called for records of the...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the death of Disha Salian. The...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

More Articles Like This

- Advertisement -