BIJOY v. STATE OF KERALA

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 15TH DAY OF MAY 2020 / 25TH VAISAKHA, 1942** ## **BA NO.2784 OF 2020** **(CRIME NO.461/2020 OF IRINJALAKKUDA POLICE STATION, THRISSUR DISTRICT.)** **PETITIONER/ACCUSED NO.1:** **BIJOY, AGED 43 YEARS, S/O.CHANDRAN, POTHEZHATHU HOUSE, BRALAM, VALLIVATTAM VILLAGE, THRISSUR DISTRICT.** **BY ADV. SRI. NIREESH MATHEW** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, IRINJALAKKUDA POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM** **BY P.P. SRI.B.JAYASURYA (SR) & C.K.PRASAD** **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **BA NO.2784 OF 2020** **2** ## **P.V.KUNHIKRISHNAN, J** -------------------------------- B.A.No. 2784 of 2020 ------------------------------Dated this the 15[th] day of May, 2020 ## **O R D E R** This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference. 2. Petitioner is the accused in Crime No. 461 of 2020 of Irinjalakuda Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 55(a), (i) and 55(B) of the Abkari Act and Section 308 of IPC. 3.The prosecution case is that on 15.04.2020, at about 10 a.m., the husband of the defacto complainant and some of his friends procured one litre of spirit from the petitioner and thereafter, the defacto complainant's husband and his friends consumed it by diluting it with water. The husband of the defacto complainant and one of his friends later became **BA NO.2784 OF 2020** **3** fatigue due to over consumption of liquor. They were taken to two different hospitals. Both of them were admitted in the hospital and treated there. Thereafter, the present case is registered. 4. The counsel for the petitioner submitted that, the petitioner has no criminal antecedent and he is in custody from 17.04.2020 onwards. The counsel for the petitioner also submitted that, the petitioner is ready to abide any condition, if this Court grant bail. 5.The learned Public Prosecutor submitted that, if this Court is granting bail, stringent conditions may be imposed. 6.After hearing both sides, I think this Bail Application can be allowed. The petitioner is the first accused. According to him, he received the alleged illicit liquor from the second accused. The counsel for the petitioner submitted that, the second petitioner was already arrested. The petitioner is in detention from 17.04.2020 onwards. Considering the facts and circumstances of this case and **BA NO.2784 OF 2020** **4** considering the submission of the learned Public Prosecutor, I think this Bail Application can be allowed. 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 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. **BA NO.2784 OF 2020** **5** 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. The Superintendent of Jail concerned where the petitioner is incarcerated is directed to release the petitioner on bail on executing a self bond ensuring that he will appear before the Court concerned as and when required, if he is not in detention in any other case. It is further directed that the Superintendent of Jail should get the bail bond from the petitioner as stipulated in Section 441 Cr.P.C. 2. The Superintendent of Jail concerned shall also get the phone number and the **BA NO.2784 OF 2020** **6** address at which the petitioner would be residing after his release. 3. The Superintendent of Jail concerned, immediately after release of the petitioner will forthwith forward the bail bond obtained from the petitioner to the jurisdictional Court. 4. The petitioner immediately after release from the prison, report before the Station House Officer of the Jurisdictional Police Station and shall furnish his phone number and the place where he is going to reside. The Station House Officer concerned shall keep a vigil on the whereabouts of the petitioner and shall ensure that the petitioner do not violate the terms of the undertaking. 5. The petitioner shall appear before the **BA NO.2784 OF 2020** **7** Investigating Officer as and when required. The petitioner shall co-operate with the investigation and shall not threaten or attempt to influence the witnesses or tamper with the evidence. 6. The petitioner shall within one week from the commencement of the functioning of the jurisdictional court, if the court is not functioning at present, - execute 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. 7. The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social distancing and other directions in the wake of declared lock- **BA NO.2784 OF 2020** **8** down. 8. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with law, even though the bail is granted by this Court. **Sd/-** **P.V.KUNHIKRISHNAN, JUDGE** **RK**