Namjith P B And Anr vs State Of Kerala

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

The Petitioners are the accused in Crime No.1396/2020 of Irinjalakkuda Police Station, Thrissur District. The above case is registered against the

petitioners alleging offences punishable under Sections 143,144,147,148,294(b),506,452 and 427 the offence under Section 27 of the Arms Act is also

alleged.

The prosecution case is that, on 12.10.2020 at 02:30 hrs the accused formed themselves in to an unlawful assembly armed with stones and

dangerous weapons, trespassed into the courtyard of the house of the defacto complainant and uttered obscene words, and even threaten to kill them

and caused mischief.

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

The learned counsel for the petitioners submitted that, the petitioners are in custody from 15.10.2020. The learned counsel for the petitioners

submited that, the only non-bailable offence alleged against the petitioners are under Section 452 of IPC and Section 27 of the Arms Act. The learned

counsel for the petitioners submitted that, the petitioners are ready to abide any conditions, if this Court grant them bail.

The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that, there are criminal antecedents against the

petitioners. The learned Public Prosecutor submitted that, as far as the first petition is considered there is yet another case is registered, and as far as

the second petition is considered, two other cases are registered against the petitioners.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. The only non bailable offence alleged against the

petitioners is under Section 452 of IPC, as far as the offence under Section 27 of the Arms Act is considered. Whether there is notification under

Section 4 of the Arms Act is a matter to be investigated by the Investigating Officer. Considering the entire facts and circumstances of the case, and

considering the fact that the petitioner is in custody from 15.10.2020 onward, I think, this bail application can 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 petitioners 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 petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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 petitioners shall not leave India without permission of the jurisdictional Court;

The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are

suspected;

The petitioners 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 petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.