Ajith @ Kochunny S/o Girijan v. State of Kerala Rep. by Public Prosecutor, High Court of Kerala
2021-05-11
ZIYAD RAHMAN A.A.
body2021
DigiLaw.ai
ORDER : 1. This is an application filed u/s. 438 of Code of Criminal Procedure seeking pre-arrest bail. 2. The petitioners are accused Nos. 2, 3 and 4 in Crime No. 1106/2020 of Cherpu Police Station. The offences alleged are under Sections 143, 147, 148, 452, 294(b), 506, 426 r/w 149 of the Indian Penal Code. 3. The prosecution case in short is that, on 27.12.2020 at 10.15 p.m. the accused 1 to 4 had trespassed into the residence of the defacto complainant and threatened his wife and destroyed the windows, car and motorcycle using sword and iron rod. The offence was registered in the above circumstances. 4. Heard both sides and perused the records. 5. The learned counsel for the petitioners submitted that they are innocent of the allegations and they were not involved in the above offence. It was also pointed out by him that, accused Nos. 5 and 6 were already released on bail as per order dated 24.02.2021 in B.A. No. 1633/2021. The learned Public Prosecutor, upon instructions, submitted that 1st accused was also granted regular bail, after arrest. It is also pointed out that the petitioners are also involved in another criminal case of very same nature. In reply to the above submission, the learned counsel for the petitioners pointed out that, the said case was also registered against the petitioners on the basis of the complaint preferred by the defacto complainant in this case. 6. Considering the facts and circumstances and also taking into account the fact that, some of the accused persons in this case were already granted pre-arrest bail by this Hon'ble Court, this Court is of the view that the petitioners also can be granted anticipatory bail. 7. It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-19 Pandemic, the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing within the prisons. As part of the said initiative, they have issued G.O. (Rt.) No. 1311/2021/HOME dated 05.05.2021, directing the authorities concerned to grant parole to eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services (Management) Rules 2014.
As part of the said initiative, they have issued G.O. (Rt.) No. 1311/2021/HOME dated 05.05.2021, directing the authorities concerned to grant parole to eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services (Management) Rules 2014. The Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No 1/2020 issued various directions for minimizing the strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail application. 8. In the above circumstances, even though, there are serious allegations against the petitioners, this court is of the view that, the petitioners can be granted pre-arrest bail, by invoking the power of this court under section 438 of the Code of Criminal Procedure, 1973 subject to the certain conditions: In the result, the application is allowed on the following conditions:- (i) The petitioners shall surrender before the Investigating officer, within a period of two weeks from today, for subjecting himself for interrogation. However, while computing the period as mentioned above, the period of lock down, if any, declared by the Government owing to COVID-19 pandemic can be excluded. (ii) After interrogation, the petitioners shall be released on bail, on the very same day of surrender upon the petitioners executing a bond for Rs. 1,00,000/- (Rupees one lakh only) each, with two sureties each for the like sum, to the satisfaction of the investigating officer. (iii) The petitioners shall fully co-operate with the investigation, including subjecting themselves to the deemed police custody for the purpose of discovery, if any, as and when demanded. (iv) The petitioners shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. on every Wednesday until further orders. However, this condition shall stand suspended during the period of lock down declared by the Government owing to COVID-19 pandemic. (v) The petitioners shall also appear before the investigating officer as and when required by him. (vi) The petitioners shall not commit any offence of like nature while on bail. (vii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioners shall not commit any offence of like nature while on bail. (vii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (viii) The petitioners shall not leave State of Kerala without the permission of the trial Court.