Akhil Solly vs State Of Kerala

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

Petitioner is the 3rd accused in Crime No.608 of 2020 of Elamakkara Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 324, 341, 307 and 506(i) of the Indian Penal Code.

The prosecution case is that on 09.10.2020 at about 9.30 P.M while the defacto complainant was returning to his house after attending a funeral

ceremony of his friend's father, the petitioner along with other accused in the crime attacked defacto complainant. It is also alleged that the accused

criminally intimidated him and wrongfully restrained him and accused No.1 pushed him down. When he fell down the accused No.1 hit the defacto

complainant with an iron rod and the other accused caught hold of the defacto complainant in order to facilitate the attack on the defacto complainant

and due to the said act defacto complainant sustained serious injuries.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The counsel for the petitioner submitted that the petitioner is in custody from 16.10.2020 onwards. The counsel submitted that there is no serious

overt act attributed to the petitioner, who is the 3rd accused in this case. The counsel submitted that the petitioner is ready to abide any conditions in

this court grant him bail.

The learned Public Prosecutor opposed the bail application. But the learned Public Prosecutor submitted that if this Court is granting bail in the light

of the fact that the petitioner is in custody from 16.10.2020 stringent conditions may be imposed.

After hearing both sides, I think this bail application can be allowed on stringent conditions. Admittedly, the petitioner is in custody from 16.10.2020

onwards. There is no serious overt act attributed to this petitioner. Considering the entire facts and circumstances of the case and also considering the

fact that the petitioner is in custody from 16.10.2020 onwards. I think this bail application can be allowed on stringent conditions.

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.

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 he is 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.