Kerala High Court
Vikraman Pillai vs The State Of Kerala on 11 December, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941
BAIL APPL..NO.9016 OF 2019
CRIME NO.1484/2019 OF HILL PALACE POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED :
VIKRAMAN PILLAI
AGED 59 YEARS
S/O. RAMAKRISHNA PILLAI,
RESIDING AT CHANDRA VILASAM NALLILA P.O,
KOLLAM DISTRICT.
BY ADV. SMT.O.H.NAZEEBA
RESPONDENT/COMPLAINANT :
THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
ON BEHALF OF THE SUB INSPECTOR OF POLICE,
HILL PALACE POLICE STATION,
ERNAKULAM DISTRICT, PIN 682 031.
SRI AJITH MURALI PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL..NO.9016 OF 2019 2
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure.
2. The applicant herein is the accused in Crime No.1484 of 2019 of the Hill Palace Police Station registered under Section 307 IPC. The victim in the instant case is a person from West Bengal. He is a friend and roommate of the applicant herein.
3. Crux of the prosecution allegation is that on 23.09.2019 at about 11.15 p.m., there occurred an altercation between the applicant and the victim consequent to which the applicant is alleged to have inflicted a stab injury on his chest.
4. Smt.Nazeeba O.H, the learned counsel appearing for the applicant submitted that the applicant is innocent. She contended that an altercation ensued between the parties and the informant and his north eastern friends had tried to attack the applicant with weapons. In the melee that followed the victim had suffered a single stab injury on his chest.
5. Heard the learned Public Prosecutor who opposed the prayer. He points to the wound certificate and it is urged that a penetrating stab BAIL APPL..NO.9016 OF 2019 3 wound over the right upper thorax was inflicted by the applicant.
6. I have considered the submissions advanced and have perused the case diary. I find that the applicant has been in custody for over 75 days. As held by the Apex Court in Dataram Singh v. State of Uttar Pradesh1, matters relating to bail are to be considered in a humane manner and compassionately without being carried away by the severity of the allegations. There is no case for the prosecution that it would be difficult to secure the presence of the applicant at the stage of trial. The fact that the applicant has no criminal involvement prior to the incident cannot be lost sight of. Having regard to the period of detention undergone, the role assigned to the applicant, lack of criminal antecedents and attendant facts, I am of the view that by imposing stringent conditions to ensure the interest of the prosecution, he can now be released on bail.
In the result, this application will stand allowed and the applicant shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions.
1 [2018 (3) SCC 22] BAIL APPL..NO.9016 OF 2019 4
(a) The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for a period of three months or till final report is filed, whichever is earlier.
(b) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(c) He shall not commit any offence while he is on bail.
(d) He shall not leave the State of Kerala without the permission of the concerned Court.
(e) He shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS