Renjith A And Ors vs State Of Kerala

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

Petitioners are the accused in Crime No.344 of 2021 of Aruvikkara Police Station. The above case is registered against the petitioners alleging

offences punishable under Sections 294(b), 308, 323, 324 and 341 read with Section 34 of the Indian Penal Code.

The prosecution case is that the petitioners and the other accused, due to prior animosity, obstructed the bike ridden by the de facto complainant on

13.03.2021. It is alleged that the first petitioner pushed down him into the road after uttering abusive words. It is also alleged that the second petitioner

assaulted on the left knee of the de facto complainant by using a reaper. It is further alleged that the accused mercilessly attacked the de facto

complainant. Hence, it is alleged that the petitioners have committed the offence.

Heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned counsel for the petitioners submitted that it is a case

and counter case. Annexure A1 and Annexure A2 are the FIR in the case and counter case. The learned counsel also submitted that the first

petitioner also sustained injury as evident from Annexure A3 wound certificate. The learned counsel further submitted that the petitioners are ready by

abide by any condition, if this Court grant bail to them. The learned Public Prosecutor opposed the bail application.

After hearing both sides, I think bail can be granted to the petitioners on stringent conditions. It is a case and counter case. There are allegation and

counter allegation about the same incident. While considering the bail application under Section 438 Cr.P.C., this Court cannot decide about the

correctness of the version given by the petitioners and the prosecution. Considering the 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:

Petitioners 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 petitioners, they shall be released on bail on 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;

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;

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.