Deepak K.D. v. State of Kerala

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942** ## **Bail Appl..No.6101 OF 2019** **CRIME NO.1972/2017 OF KODUNGALLUR POLICE STATION, THRISSUR** ## **PETITIONER/ACCUSED NO.1:** **DEEPAK K.D. AGED 31 YEARS S/O. DAYANADAN, KALAPPATT HOUSE, UZHUVATHUKADAVU DESOM, LOKAMALESWARM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT.** **BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.P.M.RAFIQ SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN SRI.AJEESH K.SASI SRI.V.C.SARATH SMT.POOJA PANKAJ SRI.THOMAS J.ANAKKALLUNKAL SRUTHY N. BHAT** ## **RESPONDENT/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 ADDL R2 : ASWANI (D/O.VISWANATHAN, AGED 29 YEARS, RESIDING AT VAMPARAMBIL HOUSE, PERINJANAM PO, THRISSUR DISTRICT-680686.** **IS IMPLEADED AS PER ORDER DATED 3.9.2019 IN CRL.MA NO.1/2019 IN BA-6101/2019.** **R1 BY PUBLIC PROSECUTOR R2 BY ADV. SRI.MILLU DANDAPANI R2 BY ADV. SMT.MEERA RAMESH** ## **SRI.AJITH MURALI, PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.6101/2019 2 ## **O R D E R** ## **Dated this the 30th day of July 2020** This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference. 2. The petitioner is the accused in Crime No.1972 of 2017 of Kodungalloor Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 341, 323, 324, 294(b) , 506(ii) and 498A read with Section 34 IPC. Subsequently the offence under Section 307 IPC is also added. The injured in this case is the wife of the petitioner herein. 3. When this Bail Application came up for consideration on 3.9.2019, this Court passed a detailed order after hearing the petitioner and the defacto complainant. This Court released the petitioner on interim bail for facilitating mediation. The relevant portion of the order dated 3.9.2019 is extracted hereunder : _“8. Accordingly, it is ordered that petitioner shall be released on interim bail basis on his executing bond_ B.A.No.6101/2019 3 _for Rs.40,000/- (Rupees Forty Thousand only) and on his furnishing two solvent sureties for the like sum, both to the satisfaction of the competent court below concerned. However, the grant of above said interim bail shall be subject to the following conditions :_ - _(1) Petitioner shall immediately surrender his passport before the jurisdictional Magistrate's court concerned in relation to the above said crime and in case he has already surrendered his passport before the IO, then he shall file an affidavit before the said court stating about the details of surrender of his passport. Otherwise petitioner will have to surrender his passport to the learned Magistrate within 7 days of his release and this 7 days may be computed after excluding the impending Onam holidays._ - _(2) Petitioner shall also file an affidavit before the jurisdictional Magistrate's court concerned undertaking that he shall not leave the country during the currency of this interim bail order._ - _(3) Petitioner shall report before the IO at any time between 9 A.M. and 1 P.M. on all 2[nd] and 4[th] Saturdays for the next three months._ - _(4) The petitioner will not involve in any criminal offences of similar nature._ - _(5) The petitioner shall fully co-operate with the investigation._ - _(6) The petitioner shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever._ - _(7) Petitioner will sincerely and effectively co-operate in the mediation process, for which orders will be given hereinafter.”_ ## Thereafter, this Bail Application again came up for consideration B.A.No.6101/2019 4 before this Court on 29.11.2019. On that day, this Court again extended the interim order. The relevant portion is extracted hereunder : _“3. The currency of the interim bail granted to the petitioner as per the interim order dated 3.9.2019 which is up to 2.12.2019 will stand extended by a further period of three months from 3.12.2019. In other words, the currency of the extended interim bail will be up to 2.3.2020.”_ Thereafter, again this matter came up before another learned Single Judge of this Court on 21.1.2020. On that day, this Court passed the following order : _“In the light of the interim bail granted by this Court to the petitioner and having regard to the fact that the petitioner is working in an oil rig abroad, I deem it appropriate to permit the petitioner to go abroad for a period of 50 days from the date of receipt of his passport subject to the condition that he shall deposit a sum of Rs.50,000/- before the court below. The jurisdictional Magistrate shall release the passport surrendered by the petitioner for the said purpose.”_ Thereafter, again the matter came up on 3.3.2020. On that day, this Court extended the interim order granted by this Court on ## 3.9.2019 until further orders. 4. It is the admitted fact that this matter was referred for B.A.No.6101/2019 5 mediation. The Nodal Officer, Ernakulam Mediation Centre as per the letter dated 19.12.2019 informed that the mediation failed. Now the learned Senior Counsel, who is appearing for the petitioner, and the learned senior counsel, who is appearing for the second respondent, submitted that further mediation is possible only if the petitioner is returned from abroad. Admittedly, the petitioner is at abroad. 5. This Bail Application is pending before this Court from 19.8.2019 onwards. Based on an interim order dated 3.9.2019 passed by this Court, the petitioner is on bail. There is no purpose in keeping this Bail Application pending. The learned Senior Counsel appearing for the petitioner submitted that within ten days from the date on which the petitioner landed in India, he will appear before the jurisdictional court concerned. Therefore, I am of the opinion that this Bail Application can be disposed of. 6. 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** B.A.No.6101/2019 6 **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. 7. 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. 8. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, I am disposing this Bail Application with the following directions: - (i) Within ten days from the date on which the petitioner landed in India, he will appear before the jurisdictional court concerned and execute a fresh bond for Rs.50,000/- (Rupees Fifty Thousand only) with two B.A.No.6101/2019 7 solvent sureties each for the like sum to the satisfaction of the jurisdictional court. - (ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner 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 the case so as to dissuade him from disclosing such facts to the court or to any police officer. - (iii) The petitioner shall not leave India without permission - of the jurisdictional court. The petitioner shall surrender his passport before the court. - (iv) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. - (v) The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social B.A.No.6101/2019 8 distancing in the wake of Covid 19 pandemic. - (vi) If any of the above conditions are violated by the petitioner, 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** csl