Ijaz Ahammed vs State Of Kerala

This Bail Application is filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

Petitioner is the 2nd accused in Crime No.456 of 2020 of Kottakkal Police Station, Malappuram. The above case is registered against the petitioner

alleging offences punishable under Sections 363, 354, 511 of 376 and Section 379 IPC.

The prosecution case is that the 1st accused was in love with the de facto complainant. It is alleged that on 26.10.2020 the 1st accused enticed the

de facto complainant and took her to a resort by name 'Tree Top' at Attapady and had stolen some gold ornaments of the de facto complainant. A

woman missing complaint was registered and the de facto complainant along with the 1st accused was found in the resort. The allegation against the

petitioner who is the 2nd accused is that the 1st accused pledged the gold ornaments with the petitioner and thereby the petitioner also committed the

offence under Section 379 IPC.

Heard the counsel for the petitioner and the Public Prosecutor.

The counsel for the petitioner submitted that even if the entire allegations are accepted, no offence is made out against the petitioner. The counsel

submitted that the petitioner is ready to abide any conditions, if this Court grant him bail.

The Public Prosecutor submitted that the 1st accused already committed suicide after the incident. 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. I do not want to make any observation about the merit

of the case. The main allegation is against the 1st accused.

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 petitioner 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 petitioner, he shall be released on bail 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.

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.