Suhara And Anr vs State Of Kerala

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

The petitioners are the accused in Crime No. 772 of 2020 of Edathala Police Station, Ernakulam District. The above case is registered against the

petitioners and another alleging offences punishable under Sections 498A, 447, 448, 506, 294(b) r/w. Section 34 of the Indian Penal Code (IPC).

The prosecution case is that, the petitioners and the other accused mentally and physically harassed the defacto complainant who is the wife of the

1st accused. It is a private complaint filed before the jurisdictional Magistrate Court and the learned Magistrate forwarded the complaint to the Police

under Section 156(3) Cr.P.C.

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

The learned counsel for the petitioners submitted that, the allegations against the petitioners are matrimonial cruelty. The counsel submitted that, the

main allegation is against the 1st accused. The counsel submitted that, the petitioners are the 2nd and 3rd accused. The counsel submitted that, the

matrimonial relationship between the 1st accused and the defacto complainant is in existence even now. The counsel submitted that, the petitioners are

in-laws of the defacto complainant and there is no serious allegations against the petitioners.

The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that if this Court is granting bail to them, stringent

conditions may be imposed.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. Admittedly, the offences alleged against the petitioners

are matrimonial offence. The matrimonial relationship between the 1st accused and the defacto complainant is in existence even now. The petitioners

are the parents of the 1st accused. 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 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 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 him 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.