Bail Appl..No.7428 OF 2020
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. V. Kunhikrishnan
- Judgment Date
- 2020-11-16
- Court Decision / Holding
- Bail application allowed with stringent conditions: (1) petitioners to appear before the Investigating Officer within ten days for interrogation; (2) after interrogation, if arrest is contemplated, petitioners shall be released on bail on bond of Rs.50,000 with two solvent sureties; (3) petitioners to cooperate and not induce witnesses; (4) petitioners shall not leave India without court permission; (5) petitioners shall not commit similar offences; (6) petitioners shall strictly abide by COVID-19 social distancing guidelines issued by the State and Central Government; (7) breach of any condition may lead to cancellation of bail by the court.
- Final Disposition
- Bail Granted (Bail Application allowed with conditions)
Parties to the Case
Appellants / Petitioners
- Sebastain Joseph
- Mariyakkutty Sebastain
- Sibi Sebastain Joseph
- Baby Catharine Sakaria
- Sajith Sebastain Joseph
- Jeny Susan Roy
Respondents
- State of Kerala
Legal Representation & Advocates
Counsels for Petitioners
- • Justine Jacob
- • Bindu Mohan
- • Amrutha K.P.
- • Amrutha P.S.
- • Vijay Sankar V.H.
Counsels for Respondents
- • Public Prosecutor, State of Kerala
Case Synopsis & Summary
This is a bail application under Section 438 CrPC before the Kerala High Court, concerning accused Nos. 2 to 7 in Crime No. 2451/2020 of Anchal Police Station, Kollam, alleged to have offenses punishable under Section 498A read with Section 34 IPC. The petitioners are in-laws of the de facto complainant, with a matrimonial dispute existing between the first accused and the complainant, and the relationship allegedly continuing. The petitioners submitted that they are ready to abide by any conditions if bail is granted and highlighted the ongoing matrimonial ties and the petitioners’ willingness to cooperate with the investigation. The Public Prosecutor opposed bail but suggested imposing stringent conditions if bail is granted. After hearing both sides, the learned Judge observed that although the offences alleged are serious, the matrimonial relationship persists and a balance must be struck between the presumption of innocence and fair trial. Relying on Supreme Court directions in the COVID-19 context and a Kerala High Court Full Bench ruling, the court held that bail can be granted on stringent conditions to mitigate risk, including social distancing requirements in prisons. The order grants bail subject to conditions: interrogation within 10 days; a bond of Rs.50,000 with two solvent sureties; compulsory appearance; no leaving the country; no further offences; adherence to COVID-19 guidelines; and potential cancellation of bail if conditions are violated.
Provisions of Law Cited
Legal Doctrines & Maxims
- Bail is the rule and jail is the exception.
- Basic jurisprudence relating to bail remains the same: grant of bail is the rule and refusal is the exception to ensure a fair trial.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners, who are the in-laws of the de facto complainant, urged that there is a matrimonial dispute and that the first accused’s relationship with the complainant remains. They submitted willingness to comply with stringent conditions and emphasized the need for bail under Section 438 CrPC given the ongoing relationship and the social context.
Contentions of Respondents
The State, through the Public Prosecutor, opposed bail, arguing the gravity of the offences; if bail were to be granted, stringent conditions were warranted to safeguard the interests of justice and maintain public order, while ensuring the accused’s cooperation with the investigation.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Re: Contagion of COVID-19 Virus In Prisons | Suo Motu Writ Petition(C) No.1 of 2020 | Positive | Used to justify directions to minimize prison populations and enforce social distancing in view of the COVID-19 pandemic. |
| Chidambaram P. v. Directorate of Enforcement | 2019 (16) SCALE 870 | Positive | Cited to support the basic bail jurisprudence that bail is the rule and its grant is the norm; refusal is the exception to ensure fair trial. |
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