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Judgment
This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
Petitioners are the accused in Crime No.3866 of 2020 of Varkala Police Station. The above case is registered against the petitioners alleging
offences punishable under Sections 294(b), 341, 323, 506, 354 r/w Section 34 of the IPC.
The prosecution case is that the defacto complainant while attempting to resolve her daughter's matrimonial dispute, attempted and succeeded in
making entry of her daughter into her husband's paternal home. When the defacto complainant was trying to leave the premise, the first accused
wrongfully restrained her, caught hold of her chest. It is alleged that the petitioners who are the neighbours of the first accused also assaulted the
defacto complainant.
Heard the counsel for the petitioners and the learned Public Prosecutor.
The counsel for the petitioners submitted that the petitioners are not involved in this case. The counsel submitted that the only non-bailable offence
alleged against the petitioners is under Section 354 IPC. The counsel submitted that even if the entire allegations are accepted, the offence under
Section 354 IPC is not made out. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail.
The Public Prosecutor opposed the bail application. But the Public Prosecutor submitted that if this Court is granting bail, stringent conditions may
be imposed.
After hearing both sides, I think, this bail application can be allowed on stringent conditions. Admittedly, the only non-bailable offence alleged
against the petitioners is under Section 354 IPC. Whether the offence under Section 354 IPC is made out in this case or not is a matter to be
investigated by the investigating officer. I don't want to make any observation on the merit of the case. Therefore, considering the entire facts and
circumstances of this 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 propose 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 them from disclosing such facts to the Court or to any police officer.
Petitioners shall not leave India without permission of the Court.
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.