Haridasan 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 in Crime No.815/2020 of Perambra Police Station, Kozhikode District. The above case is registered against the

petitioners alleging offences punishable under Sections 341, 323, 294(b) and 354 of the Indian Penal Code (IPC).

The prosecution case is that on 28.09.2020 while the de facto complainant attempted to interfere when her son was attacked by one of the accused,

it is alleged that the de facto complainant was abused and assaulted by the accused. It is also alleged that, the 1st accused wrongfully restrained and

outraged the modesty of the de facto complainant.

Heard the learned counsel for the petitioners and the learned public prosecutor.

The learned counsel for the petitioners submitted that, the petitioners are husband and wife. The learned counsel submitted that, the only non-

bailable offence alleged against the petitioners is under Section 354 I.P.C. The learned counsel submitted that, even if the entire allegations are

accepted, the offence under Section 354 I.P.C. is not made out. The learned counsel submitted that, the maximum punishment that can be imposed to

an offence under Section 354 I.P.C. is five years. The learned counsel submitted that, he is entitled to the benefit of Full Bench decision of this Court

in W.P.(C) No.9400/2020.

The learned Public Prosecutor opposed the bail application. But, the learned 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. The only non-bailable offence alleged against the

petitioners is under Section 354 I.P.C. Whether the offence under Section 354 of I.P.C. is made out in the facts and circumstances of the case is a

matter to be investigated by the Investigating Officer. I don't want to make any observations 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 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 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.

Petitioners shall not leave India without permission of the jurisdictional Court.

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.