Sudeesh vs State Of Kerala

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

The Petitioner is the sole accused in Crime No. 636/2020 of Hemambika Nagar Police Station, Palakkad District. The above case is registered

alleging offences punishable under Sections 341,353,332 and 333 of the Indian Penal Code (IPC).

The prosecution case is that on 07-10-2020 at about 9.30 p.m., when the defacto complainant, who is the Sub Inspector of Police, along with police

party went to the house of one Santha who had filed a complaint against the petitioner and while he was enquiring about the complaint, the petitioner

came to that house and uttered obscene words against the police officers and caught hold of the collar of the shirt of the defacto complainant and

pushed him with an intention to cause obstruction in discharge of his official duty as public servant. When SCPO satheesh tried to interfere, the

accused slapped him and pulled his uniform and kicked on his abdomen and twisted his right thumb causing dislocation of the thumb and thus the

accused has committed the above offence.

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

The learned counsel for the petitioner submitted that the petitioner is in custody from 14-10- 2020. The counsel submitted that he actually

surrendered before the Investigating Officer. The counsel submitted that the maximum punishment that can be imposed for the offences alleged

against the petitioner are below 10 years. The counsel also submitted that the petitioner is ready to abide any conditions if this Court grants him bail.

The learned Public Prosecutor opposed the abil application. The learned Public Prosecutor submitted that the petitioner is involved in 11 other cases

and he is included in the rowdy list also. Hence the learned Public Prosecutor submitted that the petitioner may not be released on bail.

The counsel for the petitioner submitted that the petitioner is in bail in all other cases registered against him. It is true that the allegation against the

petitioner are very serious. But the petitioner is in custody from 14-10-2020. This Court cannot deny the bail to the petitioner only for the reason that

there are criminal antecedents to him. This point is considered by the Apex Court in Moulana Mohammed Ameer Rashidi v. State of U.P. (2012 (2)

SCC 38). Anyway there are allegations that the petitioner is involved in some other cases also. Therefore, there can be a direction to the petitioner,

not to enter the jurisdiction limit of Hemambika Nagar Police station for a period of two months from the date on which he is released on bail.

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;

The petitioner shall not enter the jurisdiction limit of Hemambika Nagar Police station for a period of two months except for the purpose of

appearing before the Investigating Officer in connection with this case or any other cases registered against him.

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.