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Judgment
This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
Petitioners are the accused in Crime No.803 of 2020 of Kalamassery Police Station. The above case is registered against the petitioners alleging
offences punishable under Section 498 A r/w Section 34 of the IPC. The offence under Sections 3 & 4 of the Muslim Women (Protection of Rights
on Marriage) Act 2019 is also alleged.
When this bail application came up for consideration, this Court issued notice to the defacto complainant. A counsel also appeared for the defacto
complainant.
Heard the counsel for the petitioners and the learned Public Prosecutor. I also heard the counsel for the defacto complainant also.
The prosecution case is that the petitioners and other accused mentally and physically harassed the defacto complainant.
The counsel for the petitioners submitted that as far as the second and third accused are concerned, there is no serious allegations. They are the
parents of the first accused. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail.
The counsel for the defacto complainant seriously opposed the bail application. The counsel submitted that the first accused is absconding. If this
Court is granting bail to the petitioners herein, the first accused will not come to India. The counsel submitted that now he is in abroad. The counsel
submitted that this Court may kindly reject the bail application of the petitioners.
The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the allegations against the petitioners are very serious.
The Public Prosecutor submitted that if this Court is granting bail, stringent conditions may be imposed.
After hearing both sides, I think, this bail application can be allowed on stringent conditions. Admittedly, the petitioners are parents of the first
accused. The main apprehension pointed out by the counsel for the defacto complainant is that the first accused is absconding. The police will take
every steps to get the presence of the first accused. But for that reason the bail of the petitioners cannot be rejected. Therefore, considering the entire
facts and circumstances of this case and also considering the fact that it is a matrimonial dispute, I think Bail Application of these petitioners 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 appear before the Investigating Officer within ten days from today and shall undergo interrogation.
After interrogation, if the Investigating Officer propose to arrest the petitioners, they shall be released on bail executing a bond for a sum of
Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned.
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 them from disclosing such facts to the Court or to any police officer.
Petitioners shall not leave India without permission of the Court.
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.