Mohanachandran @ Thampi and Bijumon v State of Kerala and The Station House Officer, Muhamma Police Station

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 08TH DAY OF MAY, 2020 / 18TH VAISAKHA, 1942** ## **B.A. No.2653 /2020** **(Crime No: 300/2020 of Muhamma Police Station, Alappuzha District)** ## **Petitioners/Accused :-** **1. Mohanachandran @ Thampi, aged 52 yrs, S/o. Govindan, Kuthiravizhayil Veedu,** **Muhamma Panchayat ward- 16, Muhamma P.0, Cherthala Taluk, Alappuzha-688 523.** **2. Bijumon, aged 45 yrs, S/o. Govindan, Kuthiravizhayil Veedu, Muhamma Panchayat ward- 16, Muhamma P.0, Cherthala Taluk, Alappuzha-688 523.** **By Adv. Sri. Manu Roy** **Sri. Devadas H. Mallan** ## **Respondents/ Complainants:-** **1. State of Kerala, Represented by Public Prosecutor,** ## **High Court of Kerala, Ernakulam, Kochi- 682 031.** ## **2. The Station House Officer,** ## **Muhamma Police Station, Alappuzha.** **SRI. AJITH MURALI, PP** **SRI. SANTHOSH PETER SR.PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.NO. 2653 OF 2020 2 ## **P.V.KUNHIKRISHNAN, J** -------------------------------- B.A.No.2653 of 2020 ------------------------------Dated this the 8[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. Petitioners are the accused in Crime No.300 of 2020 of Muhamma Police Station registered alleging offences punishable under Section 8(1)(2) read with Section 55(g) of Kerala Abkari Act. Petitioners were arrested on 4.4.2020 and they are in custody. 3.The prosecution case is that on 4.4.2020 at about 12.20 pm, the 2[nd] respondent accompanied by his subordinate, while conducting patrol duty in their jurisdiction found out the accused persons kept 70 liters B.A.NO. 2653 OF 2020 3 of Wash and 300 ml of arrack. 4. The counsel for the petitioner submitted that from 4.4.2020 onwards the petitioners are in custody. Petitioners are ready to abide any conditions if this court grant bail to them. 5.The learned Public Prosecutor submitted that he has no objection to grant bail, but stringent conditions may be imposed while granting bail. 6.After considering the facts and circumstance of this case, and considering the fact that the petitioners are in custody from 4.4.2020 and also based on submission of the learned Public Prosecutor this bail application is 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** B.A.NO. 2653 OF 2020 4 **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 decision and considering the facts and circumstances of this case, this Bail Application is allowed with the B.A.NO. 2653 OF 2020 5 following directions: 1. The Superintendent of Jail concerned where the petitioners are incarcerated is directed to release the petitioners on bail on executing a self bond ensuring that they will appear before the Court concerned as and when required, if they are not in detention in any other case. It is further directed that the Superintendent of Jail should get the bail bond from the petitioners 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 petitioners would be residing after their release. 3. The Superintendent of Jail concerned, immediately after release of the petitioners will B.A.NO. 2653 OF 2020 6 forthwith forward the bail bond obtained from the petitioners to the jurisdictional Court. 4. The petitioners immediately after release from the prison, report before the Station House Officer of the Jurisdictional Police Station and shall furnish their phone number and the place where they are going to reside. The Station House Officer concerned shall keep a vigil on the whereabouts of the petitioners and shall ensure that the petitioners do not violate the terms of the undertaking. 5. The petitioners shall appear before the Investigating Officer as and when required. The petitioners shall co-operate with the investigation and shall not threaten or attempt to influence the witnesses or tamper with the B.A.NO. 2653 OF 2020 7 evidence. 6. The petitioners 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 petitioners 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 petitioners, the jurisdictional Court can cancel the bail in accordance with B.A.NO. 2653 OF 2020 8 law, even though the bail is granted by this Court. Sd/- **P.V.KUNHIKRISHNAN, JUDGE** ska