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Judgment
This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.
The petitioners are the accused in Crime No.269/2021 of Mangalapuram Police Station. The above case is registered against the petitioners alleging
offences punishable under Sections 452, 307 and 427 read with 34 IPC.
The prosecution case is that on 18.02.2021 at 6 pm the petitioners trespassed into the Travancore Bakery near CRPF, Pallippuram. It is alleged that
the 1st accused stabbed on the left part of the victim's throat with a pen knife. When he tried to flee away, the 1st and 4th accused chased him into
the aforesaid shop. The 2nd accused caught the victim and the 1st accused using the aforesaid knife stabbed on the chest and lower arm of the victim.
It is alleged that the 3rd and 4th accused destroyed the products in the shop. Thereafter, they left the place. Hence it is alleged that the accused
committed the offences.
The counsel for the petitioners submitted that the petitioners are in custody from 25.02.2021. 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 committed very serious offence and they may not be released on bail at this stage.
After hearing both sides, I think that this bail application can be allowed on stringent conditions. The petitioners are in custody from 25.02.2021. It is
true that the allegations against the petitioners are very serious. But considering the facts and circumstances of the case, I think that 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 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 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.
Petitioners shall not leave India without permission of the jurisdictional 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.
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.