Gopalan v. State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 5TH DAY OF MAY, 2020 / 15TH VAISAKHA, 1942 B.A. No. 2619 / 2020 (C.R No.13/2020 of Kodungalloor Excise Range) ## Petitioner/ Accused Gopalan, S/o Velayudhan, Aged 67 years, Ponathu Veetil, Pulinchodu Desom, Kodungallur Taluk By Adv.Saijo Hassan Respondent/State:- ## 1. State of Kerala, represented by the Public Prosecutor, High Court of Kerala, Ernakulam-31. 2. The Inspector, Kodungalloor Excise Range SRI. AJITH MURALI , PP SRI. SANTHOSH PETER, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A. NO.2619 OF 2020 2 ## **P.V.KUNHIKRISHNAN, J** -------------------------------- B.A. No.2619 of 2020 ------------------------------Dated this the 5[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.13 of 2020 of Kodungalloor Excise Range registered alleging offences punishable under Sections 8(1)(2) and 55(g) of Kerala Abkari Act I of 2017. Petitioner was arrested on 24.4.2020 and he is in custody. 3.The prosecution case is that the petitioner was in possession of 500ml of Arrack and 10 liters of Wash. B.A. NO.2619 OF 2020 3 4. The counsel for the petitioner submitted that the petitioner is aged 67 years. He is in custody from 24.4.2020. He is ready to abide any conditions of this court for releasing on bail. It is also submitted that there is no criminal antecedents to him. 5.The learned Public Prosecutor submitted that the petitioner is in custody only for 10 days and the same may be considered while considering the bail application. 6. It is true that the petitioner was arrested on 24.4.2020. But the quantity seized from the petitioner is only 500ml of Arrack and 10 liters of Wash and the petitioner is aged 67 years. There is no criminal antecedents to the petitioner. Considering all these facts, I think the petitioner can be released on bail. 7. Moreover, considering the need to follow social distancing norms inside prisons so as to avert the B.A. NO.2619 OF 2020 4 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. 9. Considering the dictum laid down in the above B.A. NO.2619 OF 2020 5 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 address at which the petitioner would be residing after his release. 3. The Superintendent of Jail concerned, B.A. NO.2619 OF 2020 6 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 does not violate the terms of the undertaking. 5. The petitioner shall appear before the 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 B.A. NO.2619 OF 2020 7 evidence. 6. The petitioner 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 lockdown. 8. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with B.A. NO.2619 OF 2020 8 law, even though the bail is granted by this Court. Sd/- ## **P.V.KUNHIKRISHNAN,** **JUDGE** ska