Jersalin 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.458/2020 of Panangad Police Station. The above case is registered against the petitioners alleging

offences punishable under Sections 354, 294(b) & 506 r/w Section 34 of the IPC.

The prosecution case is that on 2.11.2020 when the defacto complainant intervened to stop the harassment made by the petitioners against the

defacto complainant's father and brother, the first petitioner restrained the defacto complainant and assaulted her. It is also alleged that they used

obscene language. It is also alleged that the petitioners outraged the modesty of the defacto complainant.

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

The counsel for the petitioners submitted that this is a false case foisted against the petitioners. The counsel submitted that it is a counter case to

Crime No.456/2020 which is registered against the brother and father of the defacto complainant. In that case, the offences under Section 326 and

308 IPC is also alleged. The counsel submitted that the incident alleged in this case is not correct. The counsel submitted that the petitioners are ready

to abide any conditions if this Court grant them bail.

The Public Prosecutor opposed the bail application. But the Public Prosecutor submitted that it is a case and counter case. 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. Admittedly, there are allegations and counter allegations

about the same incident and two cases are registered. In the present case, the offence under Section 354 IPC is the only non-bailable offence. As far

as the other case is concerned, offences under Sections 326 and 308 IPC is alleged. I don't want to make any observation on the merit of the case.

Considering the entire facts and circumstances and 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 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 them from disclosing such facts to the Court or to any police officer.

Petitioners shall not leave India without permission of the Court.

Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are

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.