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Judgment
This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.
Petitioner is the third accused in Crime No.84/2021 of Kollam east Police Station. The above case is registered against the petitioner alleging
offences punishable under Sections 294(b), 323 and 326 r/w Section 34 of IPC.
The Prosecution case is that on 8.2.2021 at 11.15 p.m. the second accused in the crime with intention to assault the husband of the defacto
complainant pulled him by his hand. The defacto complainant tried to dissuade it and then the second accused had slapped on the cheek of the
husband of the defacto complainant and using an iron rod the first accused in the crime assaulted on the right eye of the husband of the defacto
complainant resulting fracture on the bone. It is alleged that the petitioner had assaulted both the defacto complainant and her husband using hand and
also kick them using leg.
Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the allegations against the petitioner are not
correct. The counsel submitted that the petitioner is only the third accused and there is no serious overt act attributed to the petitioner. The Public
Prosecutor opposed the bail application.
After hearing both sides, I think, this bail application can be allowed on stringent conditions. No serious overt act is attributed to the third accused
who is the petitioner herein. I don't want to make any observation on the merit of the case. The petitioner used his hand to attack the injured.
Considering the facts and circumstances of the case, I think 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:
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) 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.