Renil vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

The petitioner is the accused in Crime No.60 of 2021 of Karimannoor Police Station. The above case is registered against the petitioner alleging

offences punishable under Section 498A of the Indian Penal Code and Section 67A of the Information Technology Act.

The prosecution case is that the petitioner, who is the husband of the de facto complainant, mentally and physically harassed her. It is also alleged

that because of the enmity towards the complainant, the petitioner published and transmitted the nude images and videos of the de facto complainant

to the relatives and friends through Facebook and Whatsapp. Hence, it is alleged that the accused committed the offence.

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

case foisted against the petitioner. According to the petitioner, on 04.10.2020, the Police came to the house of the petitioner and took the petitioner and

his wife to the police station alleging that the petitioner uploaded the porn videos using his mobile phone. From the police station, the wife of the

petitioner admitted that she used his mobile phone. Thereafter, the police warned the wife of the petitioner and they returned. But there was a wordy

quarrel between the petitioner and his wife about the misuse of the phone. Thereafter, the wife of the petitioner abandoned him and filed a false

complaint. The learned counsel submitted that the petitioner is ready to abide by any condition if this Court grant bail to him. The learned Public

Prosecutor opposed the bail application.

After hearing both sides, I think this bail application can be allowed on stringent conditions. Matrimonial offences are alleged against the petitioner.

Matrimonial dispute is pending between the parties. I do not want to make any observation about the merits of the case. Considering the entire facts

and circumstances of the case, 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 appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail on executing a bond for a sum of

Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

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 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.      Â