Sarath vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

Petitioner is the 2nd accused accused in Crime No.789/2020 of Mannuthy Police Station. The above case is registered against the petitioner and

others alleging offences punishable under Sections 143, 147, 148, 447, 427, 323, 324, 294(b), 506(ii) and 354 r/w 149 IPC.

The prosecution case is that on 30.8.2020 at 10.15 pm, the 1st accused along with eight other identifiable persons formed themselves into an

unlawful assembly, armed with deadly weapons and trespassed into the defacto complainant's house and assaulted him. It is also alleged that the

accused used filthy language and even criminally intimidated the defacto complainant.

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

The counsel for the petitioner submitted that the only non bailable offence alleged against the petitioner is under Section 354 IPC. The counsel

submitted that even if the entire allegations are accepted, the offence under Section 354 IPC is not made out.

The counsel submitted that the petitioner is ready to abide any condition, if this Court grant him bail. The counsel also submitted that the name of the

petitioner is not mentioned even in the first information statement.

The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the offence under Section 354 IPC is made out in

this case.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. The only non bailable offence alleged against the

petitioner is under Section 354 IPC. In the light of 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 don't want to make any observation about the merit of the case. Considering the entire

facts and circumstances of the case and also considering the fact that the name of the petitioner is not mentioned in the first information statement, I

think, this bail application 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 petitioner 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 petitioner, he shall be released on bail 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.

Petitioner shall not leave India without permission of the jurisdictional Court.

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.