Bail Appl. No. 4388 of 2020

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 29TH DAY OF JULY 2020 / 7TH SRAVANA, 1942** ## **Bail Appl..No.4388 OF 2020** ## **CRIME NO.1463/2020 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM** ## **PETITIONERS/ACCUSED:** **1 MADHUSOODHANAN AGED 70 YEARS S/O.PEETHAMBARAN, VILAYIL HOUSE, KALLAMBALAM P.O., NAVAIKULAM VILLAGE, VARKALA, THIRUVANANTHAPURAM, PIN-695 605.** **2 ARUN S/O.RETNAKARAN, GURU SADANAM, KALLAMBALAM P.O., CHITTAYIKODU, NAVAIKULAM VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 605.** **3 AKHIL** **S/O.SIVAPRASAD, THEKKATHIL HOUSE, KOVOOR, PALAYAMKUNNU P.O., CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN-695 146.** **BY ADV. SRI.SHAJIN S.HAMEED** ## **RESPONDENT:** **STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.** ## **OTHER PRESENT:** ## **R1 SRI.RENJITH T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **B.A. No.4388 of 2020 2** ## **O R D E R** **Dated this the 29th day of July 2020** **…** **This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.** **2. The petitioners are the accused in Crime No.1463 of 2020 of Kallambalam Police Station, Thiruvananthapuram. The above case is registered alleging offences punishable under Sections 294(b), 341, 323, 325, 506 and 354 r/w. Section 34 of the Indian Penal Code (IPC).** **3. The prosecution case is that, on 3.7.2020 at 12.30 p.m., the 3[rd] accused with his friend went to the shop of the de facto complainant and demanded to cut and remove the trunk of trees leaning from her property towards the property of the 1[st] accused. The de facto complainant, in response, asked the 3[rd] accused to cut and remove the leaning trunks of** ## **B.A. No.4388 of 2020 3** **trees. But, he demanded to cut and remove the entire trees. At about 12.45 p.m., the 3[rd] accused came back with accused Nos.1 and 2 and shouted. When the de facto complainant came out of the shop and enquired with the accused persons, 1[st] accused caught hold of her neck and pushed her down. When she fell down, 3[rd] accused kicked and 2[nd] accused slapped her. Hence, it is alleged, the accused committed the above offence.** **4. Heard the learned counsel for the petitioners and the learned public prosecutor.** **5. The learned counsel for the petitioners submitted that, the incident is not happened as alleged by the prosecution. According to the counsel, the trunks of trees which are standing in the property of the de facto complainant are leaning towards the house of the 1[st] accused and due to the recent heavy rain, the trunks of trees fell on the roof of the house of the 1[st] accused. There was a damage caused to the house also. The 3[rd] accused is a relative of the 1[st] accused, who demanded the de** ## **B.A. No.4388 of 2020 4** **facto complainant to cut and remove the trunks of trees leaning towards the house of the 1[st] accused and also demanded to repair the damage caused to the house of the 1[st] accused. In connection with that, there occurred a scuffle. The counsel submitted that, the incident is not happened as alleged by the prosecution. The counsel submitted that, no serious injuries were sustained to the injured.** **6. The learned public prosecutor, even though opposed the bail application, submitted that, from the records made available to him by the investigating officer, no external injury is seen caused to the injured.** **7. After hearing both sides, I think, this bail application can be allowed. No serious injuries were sustained to the injured in this case. The only non bailable offence alleged against the petitioners is under Section 354 IPC. Whether the ingredients of the offence under Section 354 IPC is made out, is a matter to be investigated by the police.** **8. Considering the entire facts and** ## **B.A. No.4388 of 2020 5** **circumstances of the case, I think, this bail application can be allowed.** **9. 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 COVID19 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.** **10. 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.** **B.A. No.4388 of 2020 6** **11. 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 petitioners shall appear** **before the Investigating Officer within ten days from today and shall undergo interrogation.** **2. After interrogation, if the Investigating Officer propose 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.** **3. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with** ## **B.A. No.4388 of 2020 7** **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 petitioners shall not leave India without permission of the Court.** **5. The petitioners 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 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.** **B.A. No.4388 of 2020 8** **7. 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.** **Sd/-** **P.V.KUNHIKRISHNAN** **pkk** **JUDGE**