Bail Application No. 5364 of 2020

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942** ## **Bail Appl..No.5364 OF 2020** ## **CRIME NO.992/2020 OF MALAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM** ## **PETITIONER/ACCUSED NOS.1 TO 3:** **1 BABU, S/O.ELIAS AGED 47 YEARS PRASANTH BHAVAN, THACHOTTUKUNNU, MALAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM DISTRICT 695571 2 PRASANTH, S/O.BABU, AGED 19 YEARS PRASANTH BHAVAN, THACHOTTUKUNNU, MALAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM DISTRICT 695571 3 PRAVEEN, S/O.BABU, AGED 21 YEARS PRASANTH BHAVAN, THACHOTTUKUNNU, MALAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM DISTRICT 695571** **BY ADVS. SRI.K.SIJU SMT.S.SEETHA SMT.ANJANA KANNATH** ## **RESPONDENT:** ## **STATE OF KERALA** **REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** **R1 BY SRI.RENJITH.T.R.,PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A. NO.5364 OF 2020 2 ## **O R D E R** **Dated this the 14th day of September 2020** ... **This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.** **2. The petitioners are the accused in Crime No.992 of 2020 of Malayinkeezhu Police Station, Thiruvananthapuram District. The above case is registered against the petitioners alleging offences punishable under Sections 447, 323, 324, 294(b), 506(i), 427, 354 r/w. Section 34 of the Indian Penal Code (IPC).** **3. The prosecution case is that, the wife of the 1[st] petitioner is the owner of a building in which the defacto complainant and her husband are residing. There was a rent arrangement between the wife of the 1[st] petitioner and the defacto complainant. It is alleged that, when the petitioners wanted to dispose of the property, and** B.A. NO.5364 OF 2020 3 **in connection with that when somebody came to see the house, the defacto complainant refused the same. In connection with that incident, the petitioners attacked the defacto complainant and the defacto complainant sustained injury. It is also alleged that the petitioners outraged the modesty of the defacto complainant.** **4. Heard the learned counsel for the petitioners and the learned public prosecutor.** **5. The learned counsel for the petitioners submitted that, the only non bailable offence alleged against the petitioners is under section 354 IPC. The counsel submitted that, even if the entire allegations are accepted, no offence under Section 354 IPC is made out. The counsel submitted that, as per Annexure-1 mass petition, a complaint was filed by the local residents against the defacto complainant and others before the police alleging that immoral activities are being conducted in the house by the complainant and others. In connection with that, there was an incident in which the** B.A. NO.5364 OF 2020 4 **petitioners were trying to solve the issue. The counsel submitted that, the petitioners are ready to abide any conditions if this Court is granting bail to them.** **6. The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that if this Court is granting bail to the petitioners, stringent conditions may be imposed.** **7. After hearing both sides, I think, this bail application can be allowed on stringent conditions. The only non bailable offence alleged against the petitioners is under Section 354 IPC. In the facts and circumstances of this case, whether an offence under Section 354 IPC is made out or not is a point** **to be considered by the investigating officer. I do not want to make any observation about the merit of this case. Considering the entire facts and circumstances of this case, this bail application is allowed on stringent conditions.** **8. Moreover, considering the need to follow social distancing norms inside prisons so as to** B.A. NO.5364 OF 2020 5 **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.** **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:** B.A. NO.5364 OF 2020 6 ## **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 proposes 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 the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of** B.A. NO.5364 OF 2020 7 **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 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 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** B.A. NO.5364 OF 2020 8 **the bail is granted by this Court.** **Sd/-** **P.V.KUNHIKRISHNAN** **pkk** **JUDGE**