Aswin Ashok Vs State of Kerala — Anticipatory Bail | Kerala HC (2025)

Aswin Ashok Vs State of Kerala — Anticipatory Bail | Kerala HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed with directions: (1) petitioners to appear before the Investigating Officer within two weeks and undergo interrogation; (2) if the Investigating Officer proposes arrest after interrogation, release on executing a bond of Rs. 50,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer; (3) appear before the Investigating Officer for interrogation as and when required, co-operate with the investigation, and not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; (4) not leave India without permission of the jurisdictional Court; (5) not commit an offence similar to that of which they are accused or suspected; (6) Investigating Officer free to investigate and effect recoveries on information given by the petitioners while on bail (as laid down in Sushila Aggarwal); (7) observations and findings confined to disposal of this bail application, with the Anzar Azeez principle applicable; (8) jurisdictional Court may cancel the bail on violation of conditions, and the prosecution and victim are at liberty to approach the jurisdictional Court for cancellation.

Issue for consideration

Whether the petitioners, who are the accused in Crime No. 105/2025 of Mannar Police Station, are entitled to be released on bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita.

Court's answer

The Court held that the petitioners can be released on bail after imposing stringent conditions, noting that the incident happened in the house of the 1st accused at 10.30 p.m., that according to the defacto complainant they went there to demand and collect money, and that no criminal antecedents are alleged against the petitioners.

Ratio / Principle

The Court reiterated the well accepted principle that bail is the rule and jail is the exception, citing the Supreme Court's observation in P. Chidambaram that the grant of bail is the rule and refusal is the exception so as to ensure the accused has the opportunity of securing fair trial.

Key takeaways

The observations and findings in the order are only for the purpose of deciding the bail application, and the principle laid down by this Court in Anzar Azeez v. State of Kerala is applicable to this case as well.obiter¶72

Detailed headnote1 paragraphs

Bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita by three accused (Aswin Ashok, Aswin Ranjeev @ Ambadi and Abhijith PA) in Crime No. 105/2025 of Mannar Police Station, Alappuzha, registered for offences punishable under Ss. 296(b), 115(2), 118(1), 109, 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Prosecution case: on 10.2.2025 at 10:30 p.m. the defacto complainant, his wife and a friend went to the 7th accused's house to receive money; an assault ensued and the friend was slashed with a big knife on his back. The Court noted that the incident occurred in the house of the 1st accused, that the defacto complainant's party had gone to demand and collect money, and that no criminal antecedents were alleged against the petitioners. Invoking the bail-is-the-rule jurisprudence (relying on P. Chidambaram v Directorate of Enforcement, Siddharth v State of U.P. and Manish Sisodia v CBI), the Court allowed the application with stringent conditions: appearance before the Investigating Officer within two weeks for interrogation; release on a Rs. 50,000/- bond with two solvent sureties each if arrest is proposed; co-operation with investigation and no inducement or threat to witnesses; no departure from India without permission; no commission of similar offences; liberty to the Investigating Officer to investigate and effect recoveries while the petitioners are on bail (per Sushila Aggarwal); observations confined to the bail disposal (Anzar Azeez principle applied); and power of the jurisdictional Court to cancel bail on violation of conditions.