Bail Applications (BA Nos.8674 & 9318 of 2019)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. V. Kunhikrishnan
- Judgment Date
- 2020-07-13
- Court Decision / Holding
- The Bail Applications are allowed. Accused Nos.1-5 shall appear before the Investigating Officer within ten days and undergo interrogation. After interrogation, if the IO proposes arrest, the accused shall be released on bail on a bond of Rs.50,000 with two solvent sureties for the like sum. The accused shall appear as required, cooperate with the investigation, and shall not threaten or influence witnesses or tamper with evidence. They shall comply with social distancing guidelines during confinement and in prison. If any condition is violated, the bail can be cancelled. The orders also reflect the settled position that bail is the rule and jail is the exception, particularly in light of COVID-19 related directives.
- Final Disposition
- Bail granted to all accused after considering settlement and COVID-19 context; conditions imposed.
Parties to the Case
Appellants / Petitioners
- Sarath.B, aged 34 years, S/O Balakrishnan, Gokulam House, Mugurkodi, Padavinagady, Konchady P.O., Mangalore-575 008
- LabeeB.M., aged 40 years, S/O K.P.AbdU, Director, EdGrow Overseas (P) Ltd., OP P Central Square, MG Road, Ernakulam-682035
- Hashir K., aged 28 years, S/O Muhammed, Manager, Jacob D D Mall, 1st Floor, Edu World International, MG Road, OP P Central Square, Ernakulam-682035
- Sumiya Shihas, Branch Manager, Edu World International, Corporate Office, OP P IBIS, Ravis Arcade, MG Road, Ernakulam-682035
- Shibu S.Pilla i, National Head Operation, Edu World International, OPP Central Square, MG Road, Ernakulam-682035
Respondents
- The Sub Inspector of Police, Central Police Station, Ernakulam-682031
- The Assistant Commissioner of Police, Central Police Station, Ernakulam-682031
- The State of Kerala, represented by the Public Prosecutor, High Court of Kerala, Ernakulam-682031
- Augustine K.J., aged 50 years, S/O John, Kurisuveettill House, Janatha Colony Lane, SRM Road, Pachalam Desom, Kanayannur Taluk, Ernakulam-682012
- Vasanthi K.S., aged 50 years, W/O Biju, Kadampuzha House, Chavakkad Taluk, Thycaud Village, Thrissur District-680506
Legal Representation & Advocates
Counsels for Petitioners
- • T.G. Rajendran
- • T.R. Tarin
Counsels for Respondents
- • Sri. V. John Sebastian
- • Sri. V. John Thomas
- • Shri. Vishnu Chandran
- • Kum. Keerthana Sudev
Case Synopsis & Summary
These Bail Applications under Section 438 CrPC relate to accused in Crime No.2026/2019 of Ernakulam Central Police Station. The petitioners across two bail applications, BA Nos.8674/2019 (accused 1-5) and 9318/2019 (accused 1-4), face charges under Sections 406 and 420 read with Section 34 IPC, alleging illicit arrangements in sending nine students to Smolensk State Medical University in Russia for a fee around Rs 14 lakhs. The prosecution asserts that the accused created and managed the arrangement and failed to account for the funds after the students switched universities. During hearing, counsel for petitioners and the defacto complainant submitted that there is a settlement and part payment has already been received, with further payment promised within a week. In light of the COVID-19 pandemic, the court also cites Supreme Court and Kerala High Court directives aimed at minimizing prison populations and promoting social distancing. The judge reiterates the long-standing bail principle that bail is the rule and jail is the exception, citing Chidambaram P v Directorate of Enforcement. Accordingly, the court grants bail subject to conditions: appearance before the IO within ten days; arrest, if proposed, to be followed by a bail bond of Rs.50,000 with two solvent sureties; ongoing cooperation and non-tampering with witnesses; compliance with COVID-19 guidelines; and potential cancellation if any condition is violated. The bail is thus allowed in both applications.
Provisions of Law Cited
Legal Doctrines & Maxims
- Bail is the rule and jail is the exception
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners, along with the defacto complainant, contended that there is a settlement with part payment already made and a promise to pay the balance within a week. They urged that the ongoing COVID-19 pandemic justifies bail to ensure fair trial and to minimize prison populations in line with Supreme Court directions and Kerala HC Full Bench guidance. They invoked the settled bail principle that bail is the rule and jail is the exception, citing Chidambaram P v Directorate of Enforcement, and argued the need for release with reasonable conditions to enable cooperation with investigations and avoid witness tampering.
Contentions of Respondents
The respondents’ written submissions are not detailed in the order; the record shows acknowledgment of a settlement and partial payment. The court relies on established bail law and public health directives, emphasizing the necessity to protect the accused' right to fair trial while preventing crowding in prisons. The core argument centered on weighing settlement and COVID-19 considerations against the ongoing investigation.”} ,
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Chidambaram P. v Directorate of Enforcement | 2019 (16) SCALE 870 | Positive | Affirms bail as the rule and jail as the exception, supporting grant of bail where appropriate. |
| Re: Contagion of COVID-19 Virus In Prisons case | Suo Motu Writ Petition(C) No.1 of 2020 | Mentioned Only | Cited for background directions on minimizing prison population and social distancing during the pandemic. |
| W.P(C) No.9400 of 2020 | — | Mentioned Only | Full Bench directions referenced in context of pandemic-related bail considerations. |
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