Siyad N vs State Of Kerala And Anr

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

The Petitioner is the first accused in Crime No. 331/2020 of Sreekandapuram Police Station, Kannur District. The above case is registered against

the petitioner alleging offences punishable under Sections 376,376 D,376(2)(n) and 506(i) read with Section 34 of the Indian Penal Code (IPC).

The prosecution case is that, on 26.09.2020, while the defacto complainant was returning to her residence, the petitioner took her in his motor bike

to a shed and committed rape on her. Thereafter, other accused also committed rape on her. The petitioner was arrested on 27.09.2020.

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

The learned counsel for the petitioner submitted that, the second accused was already released on bail by this Court as per order dated 27.11.2020

in B.A.No.7874/2020. The learned counsel for the petitioner submitted that, this petitioner is in custody from 27.09.2020 onwards. The learned counsel

for the petitioner submitted that, the other accused, who was also arrested on same date released on 27.11.2020. The learned counsel for the

petitioner submitted that, the petitioner is ready to abide any condition if this Court grants him bail.

The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that, the final report is already filed in this

case.

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

Admittedly, the second accused is already released on bail as per order dated 27.11.2020 in B.A No.7874/2020. Moreover, the final report is

already filed in this case. Considering the entire facts and circumstances of the case and also considering the fact that, the other accused is already

released on bail, 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 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;

The petitioner shall not leave India without permission of the jurisdictional 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.