Malik vs State Of Kerala

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

Petitioner is the accused in Crime No.2235 of 2020 of Konni Police Station, Pathanamthitta. The above case is registered against the petitioner

alleging offences punishable under Sections 454 and 393 IPC. This is the second bail application filed by the petitioner. Earlier bail application was

dismissed as withdrawn because this Court was not inclined to grant bail at that stage.

The prosecution case is that the accused in order to commit robbery trespassed into the Muttathupadinjathethil House situated at Elappupara on

20.10.2020 at about 8.45 am and attempted to commit robbery of the gold chain of the de facto complainant after trying to strangulate her by using a

plastic rope around her neck.

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

The counsel for the petitioner submitted that the petitioner is in custody from 20.10.2020 onwards. There is no criminal antecedents against the

petitioner. The counsel submitted that the offence under Section 454 IPC is not prima facie made out in this case. The counsel submitted that as far as

the offence under Section 393 IPC is considered, the maximum punishment that can be imposed is only seven years. The counsel submitted that the

petitioner is ready to abide any conditions, if this Court grant him bail.

The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the manner in which the accused committed the

offence is very serious. But the Public Prosecutor submitted that there is no other criminal antecedents reported against the petitioner by the

Investigating Officer.

It is true that the allegation against the petitioner is very serious. But the petitioner is in custody from 20.10.2020 onwards. No other criminal

antecedents is reported against the petitioner.

Considering the entire facts and circumstances of the case, I think this bail application can be allowed on stringent conditions. I make it clear that

the petitioner shall appear before the Investigating Officer on all Mondays, Wednesdays and Fridays at 10 am.

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 appear before the Investigating Officer on all Mondays, Wednesdays and Fridays at 10 a.m for a period of two months.

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.