Laiju R. Varghese vs State Of Kerala

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

The petitioner is the 3rd accused in Crime No. 2207 of 2020 of Chavara Police Station, Kollam District. The above case is registered against the

petitioner alleging offences punishable under Sections 294(b), 323, 354 r/w. Section 34 of the Indian Penal Code (IPC).

The prosecution case is that, the defacto complainant, who is a lady lawyer with her client went to the Family Court, Chavara for handing over the

child in a custody matter. At that time, it is alleged that, the petitioner and the other accused assaulted the defacto complainant and used filthy

language. It is also alleged that, the petitioner outraged the modesty of the defacto complainant. This is the sum and substance of the allegations

against the petitioner.

Heard the learned counsel for the petitioner and the learned public prosecutor.

The learned counsel for the petitioner submitted that, accused Nos.1 and 2 were already released on bail by this Court as per the order dated

17.11.2020 in B.A.No.7519 of 2020. The counsel submitted that the name of the petitioner is not even mentioned in the F.I.statement. The counsel

submitted that, in the light of the fact that the other accused were already released on bail by this Court, this Court kindly allow this bail application.

The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that if this Court is granting bail to the petitioner in the

light of the order dated 17.11.2020 in B.A.No.7519 of 2020, stringent conditions may be imposed.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. Admittedly, accused Nos.1 and 2 were already released

on bail by this Court as per the order dated 17.11.2020 in B.A.No.7519 of 2020. This Court considered all the facts of this case and thereafter allowed

B.A.No.7519 of 2020. There is no justification in denying bail to the petitioner herein, who is the 3rd accused in this case. Considering the entire facts

and circumstances of this case, this bail application can also 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 proposes 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;

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

The 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.