Sherin Thomas vs State Of Kerala

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the 4th accused in Crime No.139/2021 of Elamakkara Police Station. The above case is registered against the petitioner and others

alleging offences punishable under Sections 406 and 420 read with 34 IPC.

The prosecution case in brief is as follows:

On 13.03.2021 the 1st accused approached the defacto complainant, who is the Operation Manager of Indus Motors, for the purposes of taking a car

on rent and on the basis of the agreement with the Indus Motors, the 1st accused had given an amount of Rs.9,632/- to the company account.

Accordingly, the agreement was entered between the 1st accused and the company to rent a 'Toyota Innova Crysta' car. It is alleged that the 1st

accused and another person came to the company yard office near Lulu Mall at Edappally and took the vehicle without permission of the defacto

complainant. Further case of the prosecution is that the 1st accused handed over the vehicle to the 2nd accused and they removed the number plate of

the vehicle and thereafter transferred the vehicle to the 4th accused. The 4th and 7th accused together removed the GPS and Fastag and transferred

the vehicle to one Shajas and thereby cheated Indus Motors Company.

Heard the counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from

27.03.2021. The offences under Sections 406 and 420 are not made out in this case. The counsel submitted that the petitioner is ready to abide any

conditions, if this Court grant him bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that this Court may not

release the petitioner at this stage.

After hearing both sides and considering the fact that the petitioner is in custody from 27.03.2021, I think that this bail application can be allowed on

stringent conditions. I do not want to make any observations on the merit of the case. The investigating officer is free to investigate the case in

accordance with law.

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:

Petitioner 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 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 jurisdictional Court.

Petitioner shall not commit an offence similar to the offence of which they are 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.