B V Nagesh vs State Of Kerala

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

Petitioner is the 13th accused in VC/01/2019/EKM of VACB, Ernakulam. The above crime is registered against the petitioner and others alleging

offences punishable under Sections 13 (2) r/w 13(1) (c),(d) of the Prevention of Corruption Act and Section 167,406, 409, 420 and 120B of the IPC.

The prosecution case is that, the first accused who is the Managing Director of M/s.RDS Project Ltd., conspired with other accused, who are

public servants for making undue pecuniary advantage in the construction of a fly over at Palarivattom, Ernakulam. The specific allegation against the

petitioner who is the 13th accused is that while he was the managing partner of M/s. Nagesh Consultant, he had prepared the preliminary design

calculations and design drawings for M/s RDS Project Ltd., in connection with the submission of technical bid. It is also alleged that the petitioner

undertook the preliminary design calculations, its drawings and final drawings as entrusted by M/s RDX Project Ltd. The petitioner was arrested in

connection with the above case on 18.11.2020.

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

When this Bail Application came up for consideration the Special Public Prosecutor submitted that the Vigilance has no objection in releasing the

petitioner on bail. In the light of the above submission there is no purpose in keeping the petitioner in custody. When the investigating agency says that

they have no objection in releasing the petitioner, the court has no business to retain an accused in jail, unless there is any other special reasons

because this is a question of personal liberty of a person. Considering the entire facts and circumstances of the case, I think, the petitioner can be

released on bail 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.2,00,000/- (Rupees Two lakh 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.