Sanjeeth S Sadath vs State Of Kerala

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

The Petitioner is one of the accused in Crime No 464/2020 & 484/2020 of Valanchery Police Station, Malappuram. The above case is registered

against the petitioner and others alleging offences punishable under Sections 465, 468, 471, and 420 of the IPC. Since the allegation against the

petitioner in both cases are same, I am disposing this bail application by common order.

The prosecution case is that, the petitioner and other accused forged Covid-19 certificate.

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

It is true that, the allegations against the petitioner are very serious. But considering the entire facts and circumstance of the case and also

considering the fact that, some of the accused were already released on bail, I think this bail application can be allowed on stringent conditions. I also

considered the fact that the petitioner is in custody in both these crimes from 24.10.2020 onwards. Therefore, this bail application is 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 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 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;

The petitioner shall appear before the Investigating Officer on all Mondays at 10.00 a.m.,for a period of three months.

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.