Suresh Babu vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the sole accused in Crime No.2418 of 2020 of Kadakkal Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 452, 294(b), 324, 354, 506, 308 & 427 IPC.

The prosecution case is that in connection with the dispute about the usage of a pathway adjacent to the petitioner's house, on 4.11.2020 at about 8

p.m., the petitioner trespassed into the house of the defacto complainant and used abusive words, and assaulted him with a torch and thereby sustained

an injury on the left side of his head. It is also alleged that after the assault, the petitioner pushed defacto complainant's wife. It is also alleged that the

petitioner committed mischief.

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

The counsel for the petitioner submitted that the offence under Section 308 IPC is not prima facie made out in this case. The counsel submitted that

the above offence is added in this case only to see that the petitioner is detained. The counsel submitted that the other non-bailable offences alleged

against the petitioner are under Sections 452 & 354 IPC. The counsel submitted that the offence under Section 354 IPC is also 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 but the Public Prosecutor submitted that if this Court is granting bail, stringent conditions may be

imposed.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. Admittedly, there is dispute about the pathway between

the petitioner and the defacto complainant. The incident happened in connection with the usage of the pathway. There is no serious injury sustained to

the injured in this case. Considering the entire facts and circumstances and 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 appear before the Investigating Officer within ten days from today and shall undergo interrogation.

After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail executing a bond for a sum of

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

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 them from disclosing such facts to the Court or to any police officer.

Petitioner shall not leave India without permission of the Court.

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.