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Judgment
This Bail Application is filed under Section 439 of Criminal Procedure Code was heard through Video Conference.
Petitioner is the accused in Crime No.747 of 2020 of Ernakulam Town North Police Station. The above case is registered against the petitioner
alleging offence punishable under Section 392 read with 34 IPC.
The prosecution case is that the accused in furtherance of their common intention to commit robbery, voluntarily caused hurt to the de facto
complainant and her friend on 23.10.2020 at about 1 a.m at Manappattiparambu in Ernakulam Village and committed robbery of Rs.5,000/- from the
de facto complainant and Rs.10,000/- from her friend.
Heard the counsel for the petitioner and the learned Public Prosecutor.
The counsel for the petitioner submitted that the petitioner was arrested on 3.11.2020. He is in custody from that date onwards. The counsel
submitted that there is absolutely no criminal antecedents against the petitioner. The counsel submitted that the incident is not happened as alleged by
the prosecution. The counsel submitted that the police registered the case because of the pressure from the de facto complainant. The counsel
submitted that the petitioner is suffering from bipolar disorder and a certificate is also produced along with the bail application as Annexure-1.
The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the offence alleged against the petitioner is very serious.
After hearing both sides, I think this bail application can be allowed on stringent conditions. The petitioner is in custody from 3.11.2020. It is not
clear from the First Information Statement, why the petitioner and the de facto complainant are there near Manappattiparambu at 1 am. I do not want
to make any observation about the merit of the case. But considering the entire facts and circumstances of the case and also considering Annexure-1
medical certificate and the detention period of he petitioner, I think this bail application can be allowed. I also consider the fact that there is no criminal
antecedents alleged against the petitioner.
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.
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.