Nimisha @ Sudhanya vs State Of Kerala

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

The Petitioner is the accused in Crime No.2643/2020 of Thiruvalla Police Station, Pathanamthitta District. The above case is registered against the

petitioner and other accused alleging offences punishable under Sections 489A, 489D read with Section 34 of the Indian Penal Code (IPC).

The prosecution case is that, the petitioner along with the other accused engaged in the manufacturing process of counterfeit currency notes of

denomination Rs. 2000, Rs.500, Rs.200, during their stay in the building owned by the defacto complainant Smt. Sheela James. According to the

prosecution, the defacto complainant gave her premises for home stay to the petitioner and other accused for the period from 28.08.2020 to

05.09.2020. After vacating the premises, the land lady found some paper-wastes used for manufacturing counterfeit currency notes. She reported the

same to the police. Accordingly, the case is registered.

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

The learned counsel for the petitioner submitted that, the petitioner is a lady, who is not involved in this case. The main allegation is against the other

accused. The learned counsel for the petitioner submitted that, the petitioner is in custody from 25.09.2020 onwards. The learned counsel for the

petitioner submitted that, the petitioner has not involved in this case. The learned counsel for the petitioner submitted that, the petitioner has got 3 minor

children and the youngest is aged only 2 years. The learned counsel for the petitioner submitted that, the petitioner is ready to abide any conditions, if

this Court grants her bail.

The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that, there are two other cases registered

against the petitioner in which the offences alleged are under Section 420 of IPC.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. The petitioner is in custody from 25.09.2020. The

petitioner is a lady. Admittedly, there is no counterfeit note seized from the premises. The husband of the petitioner is involved in this case and he is in

custody. Considering the entire facts and circumstances of the case, the petitioner can be released on bail. But, I make it clear that this order is

applicable only to the petitioner, and the case of the other accused will be considered separately.

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 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 she is accused, or suspected, of the commission of which she 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.