Sreena And Ors vs State Of Kerala

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

Petitioners are accused in Crime No.2889 of 2020 of Karunagapally Police Station. The above case is registered against the petitioners alleging

offences punishable under Sections 498A, 323, 341, 406, 468 and 120B read with Section 34 of the Indian Penal Code.

The prosecution case is that the petitioners mentally and physically harassed the de facto complainant who is the daughter-in-law of the second

petitioner. The petitioners are the in-laws of the de facto complainant.

Heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned counsel for the petitioners submitted that the offences

alleged against the petitioners are matrimonial offences. The learned counsel submitted that the petitioners are in-laws of the de facto complainant.

The learned counsel further submitted that the allegations against the petitioners are not correct. The learned Public Prosecutor opposed the bail

application.

Admittedly, the offences alleged against the petitioners are in connection with the matrimonial dispute. The de facto complainant is the daughter-in-

law of the second petitioner. I do not want to make any observation about the merits of the case. Considering the fact that the offences alleged are

matrimonial offences and the petitioners are the in-laws of the de facto complainant, 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 petitioners 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 petitioners, they shall be released on bail on executing a bond for a sum of

Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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 them from disclosing such facts to the Court or to any police officer;

The petitioners shall not leave India without permission of the Court;

The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are

suspected;

The petitioners 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 petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.