Sheeshmu K.V vs State Of Kerala And Anr

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

Petitioner is the accused in Crime No.345 of 2020 of Peringome Police Station, Kannur. The above case was originally registered under Section

174 Cr.P.C. Subsequently, the offence under Section 306 IPC is also added.

The prosecution case is that, one Prameela, wife of Rajeevan committed suicide on 1.8.2010. It is alleged that she committed suicide because of the

abetment from the side of the petitioner.

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

The counsel for the petitioner submitted that even if the entire allegations are accepted, no offence under Section 306 IPC is prima facie made out

against the petitioner. The counsel also submitted that in the suicide note, which is alleged to be seized, there is no allegation against the petitioner. The

counsel submitted that when the petitioner filed a bail application earlier as B.A.No.5501/2020, the Public Prosecutor submitted that he is not arrayed

as an accused and now the petitioner is arrayed as an accused in this case. The counsel 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 Public Prosecutor submitted that, now the petitioner is arrayed as an accused in

this case. The Public Prosecutor submitted that the custodial interrogation of the petitioner is necessary.

After hearing both sides, I think this Bail Application can be allowed on stringent conditions. It is a fact that a lady committed suicide. The question

before this Court is whether there is any criminal offence made out against the petitioner especially an offence under Section 306 IPC. I don't want to

make any observation on the merit of the case. These are matters to be investigated by the investigating officer. Considering the entire facts and

circumstances of the case, 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 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.