Bail Applications Nos. 5477 of 2020 and 5637 of 2020 – Ramesh vs State of Kerala; Jaffer Sadiq @ Rishi & Najeeb Raja @ Razha vs State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942** ## **Bail Appl..No.5477 OF 2020** **AGAINST THE ORDER IN CMP 872/2020 DATED 14-08-2020 OF JMFC - VIII, ERNAKULAM (TEMPORARY)** **CRIME NO.469/2020 OF MARADU POLICE STATION , Ernakulam** ## **PETITIONER:** **RAMESH AGED 34 YEARS KAMARUKKAT, NEAR CHRISTIAN CHURCH,KORATTIKARA P.O,KADAVALLOOR, KUNNAMKULAM, PIN-680523** **BY ADV. SRI.MANSOOR.B.H.** ## **RESPONDENT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN-682031** **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2020, ALONG WITH Bail Appl..5637/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5477 & 5637 of 2020 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942** **Bail Appl..No.5637 OF 2020** **AGAINST THE ORDER IN CMP 875/2020 DATED 20-08-2020 OF JMFC - VIII, ERNAKULAM (TEMPORARY)** **CRIME NO.469/2020 OF MARADU POLICE STATION , Ernakulam** ## **PETITIONERS:** **1 JAFFER SADIQ @ RISHI AGED 27 YEARS S.O MUHAMMED IBRAHIM, HOUSE NO GNV 97, GANDHI NAGAR, COIMBATORE, TAMIL NADU, PIN-641603** **2 NAJEEB RAJA @ RAZHA @ KANNAN AGED 27 YEARS S.O MUHAMMED MEERAN, N-88, FATHIMA HOUSE, KUNIYAMUTHUR P.O, KARUMPUKADAI, COIMBATORE, TAMIL NADU, PIN-641008** **BY ADV. SRI.V.A.VINOD** ## **RESPONDENT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN-682031** **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2020, ALONG WITH Bail Appl..5477/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5477 & 5637 of 2020 3 ## **P.V.KUNHIKRISHNAN, J** ------------------------------------ B.A.No.5477 & 5637 of 2020 -----------------------------------Dated this the 8[th] day of September, 2020 ## **O R D E R** The petitioners are accused in Crime No.469 of 2020 of Maradu Police Station. The petitioners in these bail applications are accused in the same crime and therefore, I am disposing this bail application by a common order. 2. The prosecution case is that the petitioner and other accused in furtherance of their common intention hatched a conspiracy. The further case of the prosecution is that the de facto complainant in these cases were illegally confined by the petitioners to extort money. It is also alleged that the accused enticed the de facto complainant to travel different places. It is further alleged that the accused extorted huge amount from the de facto complainants. Accordingly, six cases were registered at four different places. This is one of the crime ## B.A.No.5477 & 5637 of 2020 4 registered in connection with the above cases. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. The learned counsel for the petitioners submitted that even if the entire allegations are accepted no offence is made out against the petitioners. The learned counsel submitted that serious offence alleged against the petitioners is u/s.370 IPC. The learned counsel for the petitioners also submitted that even if the entire allegations are accepted, there are no ingredients to attract Sec.370 IPC. According to the counsel there is no allegation from the prosecution that there is trafficking of persons. 5. The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that the petitioners have committed very serious offences. Several cases are registered at different Police Stations. The learned Public Prosecutor submitted that this Court may not release the petitioners on bail at this stage. 6. After hearing both sides, I think these bail applications B.A.No.5477 & 5637 of 2020 5 can be allowed on stringent conditions. The petitioners are in detention for the last several days. The allegations against the petitioners are the same. It is difficult at this stage to say whether the offence under Section 370 IPC is made out. I do not want to make any observation on the merit of the case. Considering the entire facts and circumstances and considering the fact that the petitioners are in custody for more than 30 days, I think this bail application can be allowed on stringent conditions. 7. 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 B.A.No.5477 & 5637 of 2020 6 directions for minimizing the number of inmates inside prisons. 8. 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. 9. 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. Petitioners shall be released on bail on - executing a bond for Rs.50,000/ (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. 2. The petitioners shall appear before the Investigating Officer on all Mondays and B.A.No.5477 & 5637 of 2020 7 Fridays at 10.00 a.m till Final Report is filed in the above cases. The petitioners shall cooperate 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. 3. Petitioners shall not leave India without permission of the jurisdictional Court. 4. 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. 5. 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.5477 & 5637 of 2020 8 6. The petitioners shall surrender their passports before the Court below. If there is no passport they will file an affidavit to that effect. 7. The petitioners will furnish their permanent address and present address with telephone number to the Investigation Officer within 10 days from the date of their release. 8. 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** cms