Bineesh Philip vs State Of Kerala

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

The petitioner is the accused in Crime No.1172 of 2020 of Perunad Police Station, Pathanamthitta. The above case is registered against the

petitioner alleging offences punishable under Sections 326(A) and 307 IPC. The petitioner was arrested on 08.10.2020 and he is in custody from

08.10.2020 onwards.

The prosecution case is that, the petitioner, who is the husband of the victim poured acid on her body while she was walking through the public road

to her place of employment. She sustained very serious injury. Hence, it is alleged that the petitioner committed the offences under Sections 326(A)

and 307 IPC.

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

The learned counsel for the petitioner submitted that, the petitioner is in custody from 08.10.2020 onwards. The learned counsel for the petitioner

submitted that, this is the 2nd bail application filed by the petitioner. When the 1st bail application came up for consideration, this Court was not inclined

to grant bail and therefore the bail application was withdrawn by the petitioner. The learned counsel also submitted that, the petitioner is ready to abide

any conditions, if this Court grant him bail.

The learned Public Prosecutor seriously opposed the bail application. The learned Public Prosecutor submitted that, the injured sustained very

serious injury and if the petitioner is released on bail there is every chance that he will repeat the same type of offences. But, the learned Public

Prosecutor conceded that, the final report is filed in this case on 07.12.2020.

It is true that, the allegation against the petitioner is very serious. But the petitioner is in custody from 08.10.2020 onwards. The investigation in this

case is over and the final report is already filed before the Court concerned. I was not inclined to grant bail to the petitioner earlier, when the

investigation was going on. Now the investigation is over and the final report is submitted. In such circumstances, according to me, the petitioner can

be released on bail with stringent conditions. I make it clear that, the petitioner shall not enter the jurisdictional limit of Perunadu Police Station till the

victim in this case is examined by the court concerned. Considering the entire facts and circumstances of this case and considering the period of

detention of the petitioner, 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 petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand 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;

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

The petitioner shall not enter the jurisdictional limit of Perunadu Police Station, till the victim in this case is examined by the court concerned at the

time of trial. But the petitioner can enter the jurisdictional limit for appearance before the Court.

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.