Ananthu R Gopal And Anr vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

The petitioners are the accused in crime No. 1024/2020 of Vallikunnam Police Station, Alappuzha District. The above case is registered against the

petitioners and others alleging offences punishable under Sections 143, 147, 148, 452, 294 (b), 324, 427 and 354 read with 149 of the Indian Penal

Code (IPC).

The prosecution case is that, one Vishnu who is the sister's son of the de facto complainant tried took the photograph of the 1st accused family

without permission. For the same, the 1st accused family used to abuse them regularly and that was questioned by the de facto complainant. It is

alleged that, 1st accused called the other accused persons. During that time Vishnu came in a motor bike and they restrained him and caused damage

to his bike. It is alleged that, when the same was questioned by the de facto complainant, the accused persons abused him and he ran inside his house.

It is also alleged that, the 1st accused person trespassed into the house with a stick having length of his hand hit on his right shoulder. By hearing this

de facto complainant's mother and wife reached the spot and the accused 2, 3 and 4 attacked them. It is also alleged that, they committed mischief.

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

The only non bailable offence alleged against the petitioners are under Section 452 and 354 of IPC. Some of the accused were already released on

bail under Section 439 Cr.P.C. by this Court today. There are allegations and counter allegations about the incident. The entire incident started in

connection with the allegation that one Vishnu took the naked photos of 1st petitioner's mother. I do not want to make any observations about the

merit of the case. The learned Public Prosecutor conceded that, there is no criminal antecedents reported against the petitioners. Considering the

entire facts and circumstance of the case, 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:

The petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail executing a bond for a sum of

Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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;

The petitioners shall not leave India without permission of the Court;

The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are

suspected;

The petitioners 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 petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.