Zainul Abid And Ors vs State Of Kerala

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

The Petitioners are the accused in Crime No.392/2020 of Perumpadappu Police Station, Malappuram District. The above case is registered against

the petitioners alleging offences punishable under Section 304 of the Indian Penal Code (IPC). The petitioners were arrested on 10.12.2020 and are in

custody from 12.12.2020.

The prosecution case is that, the petitioners are the son, daughter and daughter-in-law of the victim. It is alleged that they were involved in a scuffle

with the victim at the later's residence at Veliancode between 9.30 am and 10.50 am on 10.12.202, which ultimately resulted in the death of the victim.

Heard the learned Counsel for the petitioners and the learned Public Prosecutor.

The learned Counsel for the petitioner submitted that the death is caused because of heart attack. The deceased is the father of the petitioners 1

and 2 and the father-in-law of the 3rd petitioner. The petitioners were arrested on 10.12.2020.

The learned Public Prosecutor, even though opposes the bail application submitted that, if this Court is granting bail, stringent conditions may be

imposed.

After hearing both sides, I think the bail application can be allowed on stringent conditions. Whether the offence under Section 304 of I.P.C is made

out in the facts and circumstances of the case is a matter to be investigated by the Investigating Officer. Anyway the petitioners are in custody from

12.12.2020. Considering the entire facts and circumstances of the case, and also considering the fact that the 2nd and 3rd petitioners are ladies, I think

the 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 be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for

the like sum to the satisfaction of the jurisdictional Court;

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 jurisdictional Court;

The petitioners shall not commit an offence similar to the offence of which she/he is accused, or suspected, of the commission of which she/he is

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;

The petitioners shall not enter the jurisdictional limit of Perumpadappu Police Station for a period of one month from the date of release.

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.