Jinu Mon vs State Of Kerala And Anr

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.1822 of 2020 of Anchalummoodu Police Station, Kollam. The above case is registered against the

petitioner and others alleging offences punishable under Sections 498A, 294(b), 447, 451, 506 and 326 r/w. Section 34 IPC.

The prosecution case is that the petitioner and the other accused mentally and physically harassed the de facto complainant. It is also alleged that

on 24.8.2018 at midnight, petitioners trespassed into the residence of the de facto complainant and assaulted the de facto complainant, her parents and

brother and inflicted injuries.

Heard the counsel for the petitioner and the Public Prosecutor.

The counsel for the petitioner submitted that this is a case registered based on a private complaint filed before the jurisdictional Court, which was

forwarded under Section 156(3) Cr.P.C. The counsel submitted that the offence under Section 326 IPC is added simply for the reason that in the

private complaint, such section is added. The counsel submitted that there is no grievous hurt to the de facto complainant or her relatives. Moreover,

the counsel also submitted that the alleged incident happened on 24.8.2018 and the present complaint is filed after about two years. The counsel

submitted that there is some matrimonial dispute between the 1st accused and the de facto complainant and the petitioner is unnecessarily implicated

in this case.

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 the bail application can be allowed on stringent conditions. I do not want to make any observation about the merit of

the case. Admittedly, matrimonial offences are alleged against the petitioner. 1st accused in this case is the husband of the de facto complainant.

There are some matrimonial dispute pending between the 1st accused and the de facto complainant.

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.