Sarath vs State Of Kerala

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

The petitioner is the third accused in Crime No.788/2020 of Mannuthy Police Station, Thrissur District. The above case is registered against the

petitioner and others alleging offences punishable under Sections 143,147,148,452,323,324,308,294(b) and 506 read with Section 149 of the Indian

Penal Code (IPC).

The prosecution case is that, on 30.08.2020, at 22.00hrs, the accused Nos. 1 and 2 along with other 15 accused, formed themselves into an unlawful

assembly and trespassed into the house of the defacto complainant and physically assaulted the defacto complainant and others.

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

The learned counsel for the petitioner submitted that, one of the accused is already released on bail by this Court as per order dated 11.11.2020 in

B.A.No.7037/2020. The learned counsel for the petitioner submitted that, the petitioner is the 3rd accused in this case. The learned counsel for the

petitioner submitted that, the petitioner is ready to abide any conditions, if this Court grant him bail.

The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that, the petitioner in this case is also involved

in another case, in which the offence is alleged under Section 354 of I.P.C.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. This Court already granted bail to one of the accused as

per order dated 11.11.2020 in B.A.No. 7037/2020. Considering the entire facts and circumstances of the case, I think, this bail application is also 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 proposes to arrest the petitioner, he 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 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.