Riyas Nooranmoochi And Ors vs State Of Kerala And Ors

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

The petitioners are the accused in Crime No.43/2021 of Manjeri Police Station. The above case is registered against the petitioners alleging

offences punishable under Sections 341, 323, 427, 354 and 294(b) read with 34 IPC.

The prosecution case is that on 31.01.2021 while the defacto complainant and her husband were going to Kozhikode in a car bearing registration

No.KL 13AA/5284 and when they reached at Malappuram the accused travelling in another car chased their vehicle and overtook the complainants'

vehicle. It is alleged that the 1st accused got down from the said car and thereafter abused the defacto complainant and her husband in public using

filthy language. It is also alleged that the accused outraged the modesty of the defacto complainant.

Heard the counsel for the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that the only non-bailable offence alleged

against the petitioners is under Sections 354 IPC. The counsel submitted that even if the entire allegations are accepted, the offences under Section

354 IPC is not made out. According to the counsel, the car driven by the husband of the defacto complainant hit on the brand new car of the

petitioners. There was a wordy quarrel between the petitioners and the defacto complainant. The counsel submitted that this is exaggerated and non-

bailable offence alleged against the petitioner. The counsel submitted that the petitioners are ready to abide any conditions, if this Court grant them

bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioners may not be released on bail under

Section 438 IPC.

The only non-bailable offence alleged against the petitioners is under Section 354 IPC. In the facts and circumstances of the case, whether the

offence under Section 354 IPC is made out or not is a matter to be investigated by the investigating officer. I do not want to make any observation on

the merit of the case. Considering the facts and circumstances of the case, I think that bail can be allowed on stringent conditions.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the cititzens 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. Everday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail appliations. 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 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 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 him from disclosing such facts to the Court or to any police officer;

The petitioners shall not leave India without permission of the Court;

The petitioners 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 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.