Shehin vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

The petitioner is the accused in Crime No.2072 of 2020 of Kadakkavoor Police Station, Thiruvananthapuram District. The above case is registered

against the petitioner alleging offences punishable under Sections 294(b), 322, 451 and 354 of the Indian Penal Code (IPC).

The prosecution case is that, on 30.10.2020 at 5.45 p.m. due to previous enmity, the petitioner trespassed into the house of the sister of the defacto

complainant and abused her using obscene words and thereafter caught hold of the hair of the mother of the defacto complainant and kicked her.

When the defacto complainant tried to prevent the act of the accused he pulled her and torn her churidar and hit on the shoulder of her. Hence, it is

alleged that, the accused committed the offence.

Heard the learned counsel for the petitioner and the learned public prosecutor.

After hearing both sides, I think, this bail application can be allowed on stringent conditions.

Admittedly, there is a civil dispute pending between the petitioner and the defacto complainant. The only non-bailable offence alleged against the

petitioner is under Section 354 IPC. Whether the offence under Section 354 IPC is attracted or not in the facts and circumstances of this case is a

matter to be investigated by the investigating officer. I do not want to make any observation about the merit of this case. Considering the entire facts

and circumstances of this 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 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.