2025:KER:28705 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4364 OF 2025 CRIME NO.308/2025 OF PERUMPADAPPU POLICE STATION, MALAPPURAM PETITIONER/ACCUSED NO.4: MOHAMMED AYSHKHAN AGED 19 YEARS C/ O KUNHIMON AYINIYATTEL, AYINIYATTEL HOUSE , THAVALAKUNNU, PERUMPADAPPA PERUMALAPPURAM DISTRICT ,KERALA., PIN - 679580 BY ADVS. SADIQALI. M MUHAMMAD SABIK PRAGEENA A.P. MOHAMED SHAFI M. RESPONDENT: STATE OF KERALA REPRESENTED BY SHO PERUMPADAPPA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP-G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4364 OF 2025 2 2025:KER:28705 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4364 of 2025 ------------------------------- Dated this the 3rd day of April, 2025 O R D E R This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is an accused in Crime No. 308 of 2025 of Perumpadappu Police Station, Malappuram. The above case is registered against the petitioner alleging offences punishable under Sections 189(2), 191(2), 126(2), 115(2), 118(1), 117(2) & 190 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that the accused formed themselves into an unlawful assembly and assaulted the victim and victim sustained injuries. 4. Heard counsel for the petitioner and the Public Prosecutor. 5. The counsel for the petitioner submitted that the petitioner is the 4th accused and he has not committed any offence and he is ready to abide by any conditions, if this BAIL APPL. NO. 4364 OF 2025 3 2025:KER:28705 Court grants him bail. 6. Public Prosecutor opposed the bail application. But, he conceded that, as per the report received by him from the Investigating Officer, no criminal antecedents is alleged against the petitioner. 7. This Court considered the contention of the petitioner and the Public Prosecutor. The petitioner is a student. Even, as per the prosecution case, no specific overt act is attributed to the petitioner, except his presence in the place of occurrence. Considering the facts and circumstances of the case, I think the petitioner can be released on 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 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. BAIL APPL. NO. 4364 OF 2025 4 2025:KER:28705 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 (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.” BAIL APPL. NO. 4364 OF 2025 5 2025:KER:28705 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. 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 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 the BAIL APPL. NO. 4364 OF 2025 6 2025:KER:28705 Investigating Officer for interrogation as and when required. The petitioner shall co- operate with the investigation and shall not, directly or indirectly make any inducement, threat or 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 petitioner is on bail as laid BAIL APPL. NO. 4364 OF 2025 7 2025:KER:28705 down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]. 7. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also. 8. If any of the above conditions are violated by the petitioner, the 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 MSA BAIL APPL. NO. 4364 OF 2025 8 2025:KER:28705 APPENDIX OF BAIL APPL. 4364/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR PRODUCED HEREWITH AND MARKED AS ANNEXURE A1 Annexure A2 TRUE COPY OF EXAM HALL TICKET PRODUCED HEREWITH AND MARKED AS ANNEXURE A2 Annexure A3 THE COLLEGE ID CARD OF THE PETITIONER