Jithu vs State Of Kerala

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the 5th accused in Crime No.686/2021 of Attingal Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 143, 147, 148, 294(b), 323, 324 and 308 read with 149 IPC. Offence under Section 27 of the Arms Act is also

alleged.

The prosecution case is that the accused formed themselves into an unlawful assembly with the knowledge that each of them are members of the

said assembly and the 1st accused uttered obscene words and inflicted injury on the neck of the defacto complainant using a sword. The 2nd accused

attacked him with an iron stump. The 3rd accused stabbed him with a pen knife on the right chest. The other accused kicked him and hit him. The

petitioner was arrested on 25.04.2021.

Heard the learned counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from

25.04.2021. The counsel submitted that even if the entire allegations are accepted, the offence under Section 308 IPC is not made out. The counsel

submitted that the petitioner is ready to abide any conditions, if this Court grant him bail. The Public Prosecutor opposed the bail application. The

Public Prosecutor submitted that the injured sustained serious injury and the petitioner committed serious offence.

After hearing both sides, I think that this bail application can be allowed on stringent conditions. The petitioner is in custody from 25.04.2021. The

petitioner is the 5th accused. The main overtact as per the statement of the defacto complainant is against the other accused. Considering the entire

facts and circumstances of the case and also considering the fact that the petitioner is in custody from 25.04.2021, I think that this bail application can

be allowed on stringent conditions.

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

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail applications. 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:

Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like

sum to the satisfaction of the jurisdictional Court.

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 they are 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.