Ajmal Abdulla N V v State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 17TH DAY OF AUGUST 2020 / 26TH SRAVANA, 1942** ## **Bail Appl..No.4856 OF 2020** **CRIME NO.682/2020 OF ELATHUR POLICE STATION, KOZHIKODE** ## **PETITIONER/S:** **AJMAL ABDULLA N V AGED 21 YEARS BAITHUL AJMAL, KUNDONA PARAMBA, ERANHIKKAL P.O, ELATHUR, KOZHIKODE - 673303** **BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT** ## **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031** ## **R1 BY PUBLIC PROSECUTOR** ## **OTHER PRESENT:** **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No. 4856 of 2020 2 **P.V.KUNHIKRISHNAN, J. ================== B.A.No. 4856 of 2020 ================== Dated this the 17[th] day of August, 2020** ## **O R D E R** This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference. 2. The petitioner is the 4[th] accused in crime No. 682 of 2020 of Elathur Police Station, Kozhikode District. The above case is registered against the petitioner and others alleging offences punishable under Sections 440, 451, 452, 436, 445, 457, 458 read with Section 34 of the Indian Penal Code (IPC). 3. The prosecution case is that, on 07.06.2020 at 1.30 a.m. all the accused having preparation to inflict injuries and damage the house and vehicle of the defacto complainant, trespassed in the residence of the defacto B.A.No. 4856 of 2020 3 complainant and committed lurking house trespass. It is also alleged that the petitioner and other accused set fire to the scooter bearing registration No. KL.11-BB-8028. It is also that, there is a total damage of Rs. 1.5 lakhs to the house of the defacto complainant. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that, the petitioner is a young boy and he is studying for MBA course at Sree Narayana Guru College, K.K. Chavadi, Coimbatore. He is not involved in the case. He is a common friend of the 1[st] accused and the son of the defacto complainant. The counsel submitted that, he was actually trying to solve the issue, he is not involved in the case. The learned counsel for the petitioner also submitted that, he is ready to abide any conditions, if this Court grants him bail. 6. The learned Public Prosecutor seriously B.A.No. 4856 of 2020 4 opposed the bail application. The learned Public Prosecutor submitted that, the alleged incident happened at midnight. The petitioner and others trespassed into the house of the defacto complainant. The name of the petitioner is mentioned in the FI statement. The learned Public Prosecutor submitted that, there are criminal antecedence to the 1[st] and 2[nd] accused in this case. The learned Public Prosecutor also submitted that, the custodial interrogation of the petitioner is necessary in this case. 7. After hearing both sides, I think this bail application can be allowed on stringent conditions. The learned Public Prosecutor conceded that, there is no criminal antecedence against the petitioner herein. It is true that, the learned Public Prosecutor submitted that, he is a member of the gang, in which the 1[st] and 2[nd] accused were the leaders. It is an admitted fact that, the 1[st] accused is already arrested. The learned counsel B.A.No. 4856 of 2020 5 submitted that, the petitioner is a student studying for MBA course. The counsel also submitted that, he has no criminal antecedence. But, it is a fact that, the alleged incident happened at mid night as per FI statement. The petitioner was also a member of the gang, which trespassed into the house of the defacto complainant. It is alleged that, there is a damage to the tune of 1.5 lakhs in the house of the defacto complainant. Considering the entire facts and circumstances of this case, I think the petitioner can be released on bail, directing him to pay a portion of the alleged damage caused to the house of the defacto complainant. The deposit of the said amount will be subject to the final decision of the case. Therefore, this bail application is allowed on stringent conditions. 8. 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**_ B.A.No. 4856 of 2020 6 _**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. 9. 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. 10. 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: _1. The petitioner shall appear before the_ B.A.No. 4856 of 2020 7 _Investigating Officer within ten days from today and shall undergo interrogation;_ _2. After interrogation, if the Investigating Officer proposes 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;_ _3. 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;_ _4. The petitioner shall not leave India without permission of the Court;_ B.A.No. 4856 of 2020 8 _5. 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;_ _6. 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._ _7. After release of the petitioner by the Investigating Officer, the petitioner will deposit an amount of Rs. 25, 000/- before the Jurisdictional Magistrate Court within ten days. The amount deposited will be subject to the final decision of the above case._ _8. The Petitioner shall appear before the Investigating Officer on all Mondays at 10.00 a.m. till the final report is filed._ B.A.No. 4856 of 2020 9 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. **(Sd/-) P.V.KUNHIKRISHNAN, JUDGE** LU