Jacob JohnsonAnd Ors vs State Of Kerala

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

The petitioners are the accused in Crime No.356/2021 of Valiyathura Police Station. The above case is registered against the petitioners alleging

offences punishable under Sections 143, 147, 148, 294(b), 341, 323, 324, 354 and 308 read with 149 IPC.

The prosecution case is that the accused formed themselves into an unlawful assembly and in furtherance of the common object, attacked the

defacto complainant, who is a lady aged 55 years. The 1st accused used obscene words and he tried to attack her using a stick. The accused Nos. 2

to 8 kicked and dragged her through the ground. Hence it is alleged that the accused committed the offence.

Heard the counsel for the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that the only non-bailable offences alleged

against the petitioners are under Sections 354 and 308 IPC. According to the counsel, even if the entire allegations are accepted, the offences under

Section 354 IPC is not made out. The counsel also submitted that the ingredients of Section 308 IPC is also not made out. The counsel submitted that

the incident is not happened as alleged by the prosecution and actually the defacto complainant and others attacked the petitioners and the counter

case was not registered by the police because of the influence from the defacto complainant. The counsel submitted that no serious injury is sustained

to the injured in this case. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioners may not be

released on bail under Section 438 IPC.

The non-bailable offences alleged against the petitioners are under Sections 354 and 308 IPC. In the facts and circumstances of the case, whether

the offence under Section 354 IPC is made out is a matter to be investigated by the investigating officer. Similarly, whether the ingredients of Section

308 IPC is attracted in this case is also a matter for investigation. In the facts and circumstances of the case, I think that custodial interrogation of the

petitioners may not be necessary. There can be a direction to surrender before the investigating officer for questioning and thereafter there can be a

further direction to release them on bail after interrogation.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the cititzens 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. Everday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail appliations. 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 petitioners 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 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 each 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;

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

The 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.