Muhammed Afsal vs State Of Kerala

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

The petitioner is the sole accused in Crime No.30 of 2021 of Cherupulassery Police Station in Palakkad District. The above case is registered

against the petitioner alleging offence punishable under Section 302 of the Indian Penal Code.

The prosecution case is that on 02.02.2021, at about 11.00 a.m., due to previous enmity, the accused beat on the head of the deceased, who is his

father, using a crash guard of a bullet motorcycle from their house and as a result of which, the father of the accused succumbed to the injuries. Thus,

the accused committed the above said offence.

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

in custody from 03.02.2021 onwards. Now almost 90 days is over. The counsel submitted that even if the entire allegations are accepted, the offence

under Section 302 IPC is not made out in this case. The learned counsel submitted that the act of the accused is not intentional and premeditated. The

learned Public Prosecutor seriously opposed the bail application. The learned public prosecutor submitted that the petitioner committed serious

offence.

Admittedly, the petitioner is in custody from 03.02.2021 onwards. Now about 90 days is over after his arrest. It is true that the allegations against

the petitioner are very serious. But it is a fact that even according to the prosecution, the petitioner beat his father using a crash guard of a bullet

motorcycle. The petitioner is the son of the deceased. The petitioner has got a definite case that his act is not intentional. I do not want to make any

observation about the merits of the case. Moreover, the petitioner was arrested and in custody from 03.02.2021 onwards. Even now, the final report is

not filed, the petitioner is entitled to statutory bail under Section 167(2) Cr.P.C. Considering the entire facts and circumstances of the case and also

considering the fact that the petitioner is in custody from 03.02.2021, I think 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:

The 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.

The petitioner shall not leave India without permission of the jurisdictional 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.