Mahesh vs State Of Kerala

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

Petitioner is the first accused in Crime No.1777 of 2020 of Ollur Police Station. The above crime is registered against the petitioner and others

alleging offences punishable under Sections 341, 324, 201, 212, 307 & 302 of the IPC.

The admitted prosecution case is that, on 28.9.2020 at about 3.30. P.M., the accused stabbed the deceased with a knife inside the Dental Clinic

situated at Kuttanellur which was run by the deceased with an intention to commit murder. The rivalry prevailing between the petitioner and the

deceased is stated as a motive for the crime. Subsequently, the deceased succumbed to the injuries on 4.10.2020. Originally the case was registered

under Section 341, 324 & 307 IPC and subsequently, Section 302 IPC is also added. The petitioner is in custody from 6.10.2020.

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

The counsel for the petitioner submitted that the petitioner was arrested on 6.10.2020 and he is in custody from that date onwards and the incident

happened in a spur of the moment. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail.

The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that, the witnesses in this case are friends

and close relatives of the accused. Therefore, if the petitioner is released on bail, he will try to influence the witnesses. 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. It is true that the allegations against the petitioner are

very serious and the incident now put forwarded by the the prosecution is so heinous. But the petitioner is in custody from 6.10.2020 onwards. The

Public Prosecutor also submitted that the second and third accused were not arrested. But it is a matter to be considered that the petitioner is in

custody from 6.10.2020 onwards. Indefinite incarceration of the petitioner may not be necessary in the facts and circumstances of this case. But the

apprehension of the prosecution is also to be taken care of. In such circumstances, there can be a direction to the petitioner not to enter the

jurisdictional limit of Ollur Police station till the investigation in this case is over. Moreover, I also make it clear that if a chargesheet is filed against the

petitioner, the petitioner shall not enter the jurisdictional limit of the Ollur Police Station till the main witnesses in this case are examined by the trial

court. But for the purposes of appearance before the committal court and before the trial court concerned, the petitioner can enter the jurisdictional

limit of those courts. Considering the entire facts and circumstances of the case, I think, the petitioner can be released on bail 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:

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 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.

The petitioner shall not enter the jurisdictional limit of Ollur Police Station till the investigation in this case is over. I also make it clear that if any

chargesheet is filed, the petitioner shall not enter the jurisdictional limit of Ollur Police Station till the main witnesses are examined by the trial court.

But for the purpose of appearance before the committal court and before the trial court concerned, the petitioner can enter the jurisdictional limit of

those courts.

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.