Joseph S vs State Of Kerala

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

The petitioner is the first accused in Crime No.3542/2020 of Kottarakkara Police Station. The above case is registered against the petitioner

alleging offences punishable under Sections 498 A, 406 & 471 r/w Section 34 of the IPC.

The prosecution case is that the petitioner mentally and physically harassed the defacto complainant who is his wife.

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

The counsel for the petitioner submitted that the allegations against the petitioner are not correct. The counsel submitted that matrimonial disputes

are pending between the petitioner and the defacto complainant before the Family Court. O.P. No.1149/2019 is pending before the Family Court. The

offence alleged against the petitioner is a matrimonial offence. The counsel submitted that the allegations against the petitioner are not correct. The

counsel submitted that the matrimonial relationship between the petitioner and the defacto complainant is even now in existence. The counsel

submitted that the petitioners are ready to abide any conditions if this Court grant him bail.

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. Admittedly, the offences alleged against the petitioner

are matrimonial offences. A case is pending before the Family Court between the parties. The matrimonial relationship between the petitioner and the

defacto complainant is even now in existence. I don't want to make any observation on the merit of the case. Considering the entire facts and

circumstances, 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 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.