Ajeesh vs State Of Kerala

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the 1st accused in Crime No.8/2021 of Chengannur Police Station. The above case is registered against the petitioner and others

originally under Sections 143, 147, 148, 341, 323 and 324 read with 149 IPC. Subsequently, the offences under Sections 326 and 308 IPC were added.

The prosecution case in brief is that the accused due to previous enmity, formed themselves into an unlawful assembly, armed with weapons and

caused grievous hurt to the charge witness No.1. The 1st accused attacked the defacto complainant with an iron rod and other accused pushed down,

kicked him and beaten him on his head and face causing injuries and contusion.

Heard the counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the case was originally registered with

bailable offences and the the petitioner was granted regular bail when he surrendered before the Magistrate Court. Subsequently, the offences under

Sections 326 and 308 IPC were added. Consequently, the bail already granted was cancelled by the learned Magistrate and issued non-bailable

warrant. That order was challenged before this Court by filing Crl.M.C.No.1114/2021 and this Court set aside the order and directed the petitioner to

surrender before the jurisdictional court. Accordingly, the petitioner surrendered before the jurisdictional court and the learned Magistrate dismissed

the bail application. The counsel submitted that the petitioner is in custody from 16.03.2021. The bail applications filed by the petitioner and others

were considered by this Court in B.A.No.2798/2021. This Court rejected the bail application of the petitioner and allowed bail to others. The Public

Prosecutor submitted that the allegations against the petitioner is very serious and the petitioner may not be released on bail at this stage.

As per Annexure-A3 order dated 07.04.2021 in B.A.No.2798/2021, this Court granted bail to the other accused. Now the petitioner is in custody

from 16.03.2021. After hearing both sides and considering the facts and circumstances of the case, I think that the petitioner can also be released on

bail.

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.

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.

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.

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:

Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like

sum to the satisfaction of the jurisdictional Court.

The petitioner shall appear before the 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.

Petitioner shall not leave India without permission of the jurisdictional Court.

Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected.

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.

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.