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2024 Supreme(Online)(KER) 6599
HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
ARUN, – Appellant
Versus
STATE OF KERALA, – Respondent
Bail Appl. 1072/2024
P.K.MOHANAN(PALAKKAD) THAREEQ ANVER K., SMT.MAYA M.N., PP
The principle of parity in granting anticipatory bail, where co-accused have been granted anticipatory bail.
Headnote:
CRIMINAL - BAIL - ANTICIPATORY - SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE - CONDITIONS - PARITY - SECTION 341, 324, 308 R/W SECTION 34 OF THE INDIAN PENAL CODE - OFFENCES PUNISHABLE UNDER - HELD - IN VIEW OF THE FACT THAT ANTICIPATORY BAIL WAS GRANTED TO THE CO-ACCUSED, THE PETITIONER IS ALSO GRANTED ANTICIPATORY BAIL ON PARITY.
Fact of the Case:
The petitioner, the first accused in a case involving offenses under Sections 341, 324, 308 r/w Section 34 of the Indian Penal Code, filed an application under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.
Finding of the Court:
The court noted that anticipatory bail had been granted to the fifth, second, and fourth accused in the same case and, on the principle of parity, granted anticipatory bail to the petitioner as well.
Issues: Whether the petitioner should be granted anticipatory bail considering the principle of parity.
Ratio Decidendi: The court held that since anticipatory bail had been granted to the co-accused, it was appropriate to grant anticipatory bail to the petitioner as well, on the principle of parity.
Final Decision: The court allowed the application and granted anticipatory bail to the petitioner subject to certain conditions, including surrendering before the Investigating Officer within a week, cooperating with the investigation, and not intimidating witnesses or interfering with the investigation.
O R D E R
This application is filed under Section 438 of the Code of Criminal Procedure , seeking pre-arrest bail.
2. The petitioner is the first accused in Crime No.740/2023 of Chalissery Police Station, Palakkad District, for having allegedly committed offences punishable under Sections 341, 324, 308 r/w Section
34 of the Indian Penal Code.
3. The prosecution allegation is that, on 25.08.2023 at about
6.30 p.m., an altercation took place at Chalissery main road in connection with the parking of a vehicle, and the first accused pushed the victim and beat him with a wooden reaper. The second accused hit him with a stone, and the third accused beat him with another reaper. It is further alleged that had the victim not evaded the attack, it would have resulted in his death and thereby committed the offence.
4. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
5. It is seen that by Annexure A4 order dated 16/10/2023 in B.A.No.8686/2023, anticipatory bail was granted to the fifth accused and by Annexure A5 order dated 30/11/2023 in B.A.No.10357/2023 the second accused was granted anticipatory bail and by Annexure 6 order dated 05/02/2024 in B.A.No.11073/2023 the fourth accused was granted anticipatory bail. In view of the above and on parity, the first accused is also granted anticipatory bail.
Accordingly, this application is allowed, and the petitioner granted bail subject to the following conditions:-
(i) The petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.
(ii) On such production, the jurisdictional court shall release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty- five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(iii) The petitioner shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs to do so. (iv) The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.
(v) The petitioner shall not be involved in any offence while on bail.
(vi) If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law. Sd/-
MOHAMMED NIAS C.P.
JUDGE
APPENDIX OF BAIL APPL. 1072/2024 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIR IN CHALISSERY POLICE STATION CRIME NO.740/2023 DATED 27.08.2023 ANNEXURE 2 TRUE COPY OF THE ORDER DATED 15.09.2023 IN CRL.M.C.NO.3983/2023 ANNEXURE 3 TRUE COPY OF O.P. TICKET DATED 25.08.2023 OF THE PETITIONER ISSUED FROM TALUK HOSPITAL, PATTAMBI.
ANNEXURE 4 TRUE COPY OF THE ORDER IN BA 10357/2023 DATED 30.11.2023 ANNEXURE 5 TRUE COPY OF THE ORDER IN BA 10357/2023 DATED 30.11.2023 ANNEXURE 6 TRUE COPY OF THE ORDER IN B.A 11073/2023 DATED 05.02.2024 ANNEXURE 7 ORDER DATED 15-09-2023 IN CRMC 3983/2023 ON DISTRICT COURT & SESSIONS COURT, PALAKKAD
