Rahul S/o Padmini v. State of Kerala Rep. by Public Prosecutor, High Court of Kerala
2021-05-04
P.V.KUNHIKRISHNAN
body2021
DigiLaw.ai
ORDER : 1. This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference. 2. The petitioner is the accused in crime No. 163 of 2021 of Pozhiyoor Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 294(b), 324, 326 and 308 of the Indian Penal Code. 3. The prosecution case is that the petitioner attacked the defacto complainant and he sustained serious injury. 4. When this matter came up for consideration Advocate Mohammed Al Rafi appeared for the defacto complainant and submitted that the matter is settled and he has no objection in granting bail to the petitioner. The Public Prosecutor also submitted that in the light of the submission from the counsel who appeared for the defacto complainant, this Court may pass appropriate orders. 5. In the light of the above submission, I think that this Bail Application can be allowed on stringent conditions. 6. Moreover, the 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail applications. The life is more important than anything. Therefore, I am considering this bail application based on the above pandemic situation. 7. Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition (C) No. 1 of 2020) and a Full Bench of this Court in W.P. (C) No. 9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons. These happened during the 1st wave of COVID-19 season. 8. Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception.
These happened during the 1st wave of COVID-19 season. 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. vs. 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. 9. 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 ten days from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail 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 officer concerned. 3. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall cooperate 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. The petitioner shall not leave India without permission of the Court. 5. The 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. The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid-19 pandemic. 7. 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.