Babu vs State Of Kerala And Ors

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

The petitioner is the accused in Crime No.409 of 2021 of Pallickal Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 419, 465, 468 and 471 read with Section 34 of the Indian Penal Code and also under Section 4 of the Indian

Passport Act.

The prosecution case is that with an intention to cheat the Government, the petitioner produced false documents claiming it to be real one and

obtained an Indian passport in the year 1995. The petitioner produced false documents for renewal of the passport to Indian Embassy and the

petitioner has been using two passports to go abroad till November, 2019. Hence, it is alleged that the petitioner committed the offence.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that the de facto

complainant is the son-in-law of the petitioner. A series of cases is pending between the de facto complainant and the daughter of the petitioner. The

learned counsel also submitted that it is a false case foisted against the petitioner by the de facto complainant because of enmity. The learned counsel

submitted that the petitioner is ready to abide by any condition if this Court grant bail to him. The learned Public Prosecutor opposed the bail

application.

Admittedly, the de facto complainant is the son-in-law of the petitioner. There is some matrimonial dispute between the daughter of the petitioner

and her husband, who is the de facto complainant. It is true that the allegation against the petitioner is serious. But custodial interrogation of the

petitioner may not be necessary in the facts and circumstances of the case. Therefore, I think this bail application can be allowed on stringent

conditions.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd

wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail applications. The life is more important

than anything. Therefore, I am considering this bail application based on the above pandemic situation.

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. These happened during the

1st wave of COVID-19 season.

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 petitioner 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 petitioner, he shall be released on bail on executing a bond for a sum of

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

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;

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

The 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.