Anees 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 Nos.1 and 2 in Crime No.1298/2020 of Pallikkal Police Station, Thiruvananthapuram District. The above case is registered against the petitioners and another alleging offences punishable under Sections 294(b),323,324,341 and 452 read with Section 34 of the Indian Penal Code (IPC).

The prosecution case is that, due to enmity towards the de facto complainant, the accused with common intention to attack the de facto complainant, committed house trespass and in furtherance of their common intention, they assaulted the de facto complainant with wooden stick on 18.08.2020 at 02:30 p.m. Hence it is alleged that the accused committed the offences.

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

The learned counsel for the petitioners submitted that, the only non bailable offence alleged against the petitioners is under Section 452 of IPC. The learned counsel for the petitioners submitted that, the petitioners and the de facto complainant are close relatives. There is a property dispute pending between them. The learned counsel for the petitioners submitted that, they are ready to abide any condition, if this court grants them bail.

The learned Public Prosecutor opposed the bail application. But the learned Public Prosecutor submitted that, if this court granting bail, stringent conditions may be imposed.

After hearing both sides, I think this bail application can be allowed on stringent conditions. The de facto complainant is the younger sister of the petitioners mother. According to the petitioners, there is a property dispute. The only non bailable offence alleged against the petitioners is under Section 452 of IPC. I don't want to make any observation about the merit of the case. Considering the entire facts and circumstances 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 he is accused, or suspected, of the commission of which he is 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.