Bail Appl. No. 5297 of 2020

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 07TH DAY OF SEPTEMBER 2020 / 16TH BHADRA, 1942** ## **Bail Appl..No.5297 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRMP 2197/2020 DATED 14-08-2020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA CRIME NO.984/2020 OF Harippad Police Station , Alappuzha** ## **PETITIONER/ACCUSED:** |**1**|**DEEPTHY ANAND**| |---|---| ||**AGED 40 YEARS**| ||**AISWARYA, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE.**| ||**PIN 690514**| |**2**|**ANJITH**| ||**AGED 36 YEARS**| ||**ANU NIVAS, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE**| ||**PIN-690514**| |**3**|**ANUP**| ||**AGED 38 YEARS**| ||**ANU NIVAS, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE**| ||**PIN-690514**| |**4**|**NANDA KISHORE**| ||**AGED 19 YEARS**| ||**AISWARYA, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE**| ||**PIN 690514**| |**5**|**NAVAL KISHORE**| ||**AGED 15 YEARS**| ||**AISWARYA, PILAPPUZHA SOUTH MURI, HARIPAD VILLAGE**| ||**PIN-690514**| ## **BY ADV. SMT.K.M.SHISHA** ## **RESPONDENT/:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** B.A.No. 5297 OF 2020 2 ## **OTHER PRESENT:** ## **SRI.C.N.PRABHAKARAN, SR.GP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No. 5297 OF 2020 3 ## **P.V.KUNHIKRISHNAN, J** -------------------------------- ## B.A.No.5297 of 2020 ------------------------------Dated this the 7[th] day of September, 2020 ## **O R D E R** This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference. 2. Petitioners are accused in Crime No.984 of 2020 of Harippad Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 341, 353, 294(b), 506 (i) r/w Section 34 of the IPC. 3. The prosecution case is that on 30.7.2020 at 3.40 p.m., while the defacto complainant, Dy.S.P., Vigilance, Alappuzha, along with Sri. Biju Kumar, Assistant Commissioner, GST Department and others attempted to arrest one Kishore Kumar, who is the husband of the first B.A.No. 5297 OF 2020 4 petitioner, in 'crime No. VC7/20/ACP/2020 Trap' on the allegation that the above said Kishore Kumar received Rs.8,000/- as bribe while working as Preventive Officer, Excise Range, Karthikappally. It is alleged that the petitioners wrongfully restrained the defacto complainant and his men from arresting the accused and abused them. The specific allegation against the accused is that they obstructed the official duty of the Dy.S.P. 4. Heard the counsel for the petitioners and the learned Public Prosecutor. 5. The counsel for the petitioners submitted that the non-bailable offence alleged against the petitioners are under Section 353 IPC. The counsel submitted that even if the entire allegations are accepted there is no assault or criminal force used by the petitioners. The counsel also submitted that the petitioners are the close relative of the above mentioned Kishore Kumar. When he was arrested, it was a normal human conduct from the part of the petitioners and the petitioners have not committed any offence. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail. B.A.No. 5297 OF 2020 5 6. The learned Public Prosecutor even though opposed the bail application submitted that, if this Court is granting them bail, stringent conditions may be imposed. 7. After hearing both sides, I think, this bail application can be allowed on stringent conditions. I don't want to make any observation on the merit of the case. The second and third petitioners are the brothers of the first petitioner. The fourth and fifth petitioners are the children of the first petitioner. The allegation is that they obstructed the police party when they were arresting the husband of the first petitioner. Considering the entire facts and circumstances, I think this Bail Application can be 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 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. B.A.No. 5297 OF 2020 6 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 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 B.A.No. 5297 OF 2020 7 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 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. 4. Petitioners shall not leave India without permission of the Court. 5. 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. 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 B.A.No. 5297 OF 2020 8 pandemic. 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, JUDGE** al/-