Faisalaged and others v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942** ## **Bail Appl..No.7093 OF 2020** **CRIME NO.662/2020 OF Nadapuram Police Station , Kozhikode** ## **PETITIONER/S/ACCUSED:** - **1 FAISALAGED 48 YEARS KOCHEENTAVIDA, THUNERI, NADAPURAM 673505** - **2 FASALU AGED 32 YEARS THERKUNNUMMAL HOUSE, MUDAVANTHERI P.O.,NADAPURAM 673505** - **3 MANSOORAGED 42 YEARS NEELANCHIRAYIL, THUNERI, NADAPURAM 673505** - **4 MUHAMMED AGED 37 YEARS CHANDROTH HOUSE, KODANCHERI P.O., THUNERI, NADAPURAM 673505** - **5 ARIFAGED 42 YEARS PUTHIYOTTUMKANDY, THUNERI,NADAPURAM 673505** - **6 ABBAS, AGED 51 YEARS PUTHAPURAYIL HOUSE, MUDAVATHERI P.O., NADAPURAM 673505** - **7 NASAR AGED 55 YEARS NALUKUTTIYIL HOUSE, PARAKKADAVU P.O., NADAPURAM 673505** - **8 SHAHJAHAN,AGED 39 YEARS THUNDIYIL HOUSE, CHERUMOTH P.O., VALAYAM 653517** - **9 YUSAF,AGED 40 YEARS VALAPPIL HOUSE, KODANCHERI P.O., NADAPURAM 673505** - **10 USMANAGED 50 YEARS VALAPPIL HOUSE, MUDAVANTHERI P.O., NADAPURAM 673505** - **11 HARISAGED 38 YEARS ADHIRANGAL HOUSE, MUDAVANTHERI P.O., NADAPURAM 673505** - **12 ISMAIL,AGED 45 YEARS VALAPPIL HOUSE, KODANCHERI P.O., NADAPURAM 673505** - **13 ABBAS,AGED 46 YEARS EDAVALICHEENTAVIDA HOUSE, THOONERI P.O., NADAPURAM 673505** B.A.No. 7093 OF 2020 2 **14 RASHEED, AGED 40 YEARS KANJARAKKANDIYIL HOUSE, MUDAVANTHERI P.O., NADAPURAM 673505 15 SIDDEQ AGED 40 YEARS CHUNDAYIL HOUSE, THUNERI P.O., NADAPURAM 673505 16 RASHEEDAGED 38 YEARS VADAKKENDAVIDA, MUDAVANTHERI P.O., NADAPURAM 673505 17 ASHRAF,AGED 41 YEARS PUTHIYOTTIL HOUSE, MUDAVANTHERI P.O., NADAPURAM 673505 18 NAVAS,AGED 37 YEARS THUMBOLITHAYEKUNI, THUNERI, NADAPURAM 673505 BY ADVS. SMT.KIRAN ANTONY SRI.P.VIJAYA BHANU (SR.) SRI.P.M.RAFIQ SRI.V.C.SARATH SRI.M.REVIKRISHNAN SRI.AJEESH K.SASI SRI.VIPIN NARAYAN SMT.POOJA PANKAJ SRUTHY N. BHAT SHRI.ABEL TOM BENNY** ## **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** ## **R1 BY PUBLIC PROSECUTOR** ## **OTHER PRESENT:** **SR.ADV.SRI.P.VIJAYABHANU FOR PETITIONER, SRI.RENJITH.T.R., PP,** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No. 7093 OF 2020 3 ## **P.V.KUNHIKRISHNAN, J** -------------------------------- ## B.A.No.7093 of 2020 ------------------------------Dated this the 5[th] day of November, 2020 ## **O R D E R** This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference. 2. The petitioners are the accused in Crime No.662 of 2020 of Nadapuram Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 143, 147, 148, 452, 294(b), 506, 323, 324 r/w Section 149 of the IPC. 3. The prosecution case is that on 27.9.2020 at about 1.30 p.m., accused persons with 10 other identifiable persons formed themselves into an unlawful assembly and trespassed into the house of ## B.A.No. 7093 OF 2020 4 the defacto complainant and applicants 1 to 4 caused damages to the house by using an iron rod and attacked the defacto complainant and his wife with dangerous weapon due to the animosity because the close relative of the defacto complainant had eloped with the daughter of one Palanchalil Ahammed. 4. Heard the counsel for the petitioners and the learned Public Prosecutor. 5. The counsel for the petitioners submitted that the only non-bailable offence alleged against the petitioners in this case is under Section 452 IPC. The counsel submitted that the incident in this case is connected to another incident based on which Crime No. 664/2020 of Nadapuram Police Station is registered. The counsel submitted that this Court already granted bail to the accused in Crime No.664/2020 in B.A. No.7902/2020. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail. B.A.No. 7093 OF 2020 5 6. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the allegation in this case is connected to the incident alleged in Crime No.664/2020 of Nadapuram Police Station. I already released the petitioners in that case as per order in B.A. No.7092/2020. In this case also, the only non-bailable offence alleged against the petitioners is the offence under Section 452 IPC. Considering the entire facts and circumstances of this case, 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 COVID19 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 B.A.No. 7093 OF 2020 6 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. The petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose to arrest the petitioners, B.A.No. 7093 OF 2020 7 they shall be released on bail executing a bond for a sum of Rs,.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned. 3. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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 them from disclosing such facts to the Court or to any police officer. 4. Petitioners shall not leave India without permission of the Court. 5. 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. 6. The petitioners shall strictly abide by the various guidelines issued by the State B.A.No. 7093 OF 2020 8 Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic. 7. Petitioners shall surrender their passports before the Investigating Officer. If there is no passport, they will file an affidavit to that effect before the Investigating officer. 8. The petitioners shall appear before the investigating officer on all Mondays at 10.a.m. for a period of one month from today. 9. 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** al/-