PRASAD; GOPINATH; VISALAKSHI v. STATE OF KERALA

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** ## **FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942** ## **Bail Appl..No.5279 OF 2020** **CRIME NO.631/2020 OF TOWN NORTH POLICE STATION, PALAKKAD** ## **PETITIONERS/ACCUSED:** |**1**|**PRASAD,AGED 38 YEARS**| |---|---| ||**PRATHEEP NIVAS,**| ||**5TH MILE,**| ||**EDATHARA,**| ||**PALAKKAD .**| ||**688611**| |**2**|**GOPINATH,AGED 76 YEARS**| ||**PRATHEEP NIVAS,**| ||**5TH MILE,**| ||**EDATHARA,**| ||**PALAKKAD**| ||**688611**| |**3**|**VISALAKSHI,AGED 67 YEARS**| ||**PRATHEEP NIVAS,**| ||**5TH MILE,**| ||**EDATHARA,**| ||**PALAKKAD**| ||**688611**| ||**BY ADVS.**| ||**SR.ADV.SRI.P.VIJAYABHANU**| ||**SMT.POOJA PANKAJ**| ||**SRI.P.M.RAFIQ**| ||**SRI.M.REVIKRISHNAN**| ||**SRI.AJEESH K.SASI**| ||**SRI.V.C.SARATH**| ||**SRI.VIPIN NARAYAN**| ||**SRUTHY N. BHAT**| ||**SHRI.ABEL TOM BENNY**| ## **RESPONDENT:** ## **STATE OF KERALA** **REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** ## **BY SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **B.A. NO.5279 OF 2020 2** ## **O R D E R** **Dated this the 18th day of September 2020** ... **This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.** **2. The petitioners are the accused in Crime No. 631/2020 of Town North Police Station, Palakkad, Palakkad District. The above case is registered against the petitioners alleging offences punishable under Sections 498A and 306 of the Indian Penal Code** **(IPC).** **3. The prosecution case is that, the wife of the 1[st] petitioner committed suicide on 6.6.2020 because of the mental and physical harassment from the petitioners. The 2[nd] and 3[rd] petitioners are parents of the 1[st] petitioner. Initially, the case was registered under Section 174 Cr.P.C. and thereafter, the offence under Sections 498A and 306 IPC is also added against the petitioners.** **B.A. NO.5279 OF 2020 3** **4. Heard the learned Senior Counsel for the petitioners and the learned public prosecutor.** **5. The learned Senior Counsel who appeared for the petitioners submitted that, even if the entire allegations are accepted, no offence under Section 306 IPC is made out. The learned Senior Counsel submitted that, at the maximum the offence under Section 498A may come, but there is no cruelty, as defined under Section 498A, is made out. The learned Senior Counsel submitted that, the First Information Statement was given by the brother of the deceased. In that Statement, there is no allegation against the petitioners. Subsequently, Section 164 Cr.P.C. statement of the daughter of the 1[st] petitioner was recorded on 16.7.2020. The learned Senior Counsel submitted that, the children are with the in-laws. In the statement given by the daughter, there was some allegation against the petitioners. The learned Senior Counsel submitted that, in all probability it will be tutored. The learned Senior Counsel submitted that, the 1[st] petitioner is a government** ## **B.A. NO.5279 OF 2020 4** **servant and the 2[nd] and 3[rd] petitioners are senior citizens aged 76 and 67 years respectively.** **6. The learned Public Prosecutor seriously opposed this bail application. The public prosecutor has made available diary entries of the deceased. The public prosecutor has also made available other records of this case.** **7. I perused the diary entries of the deceased girl. I do not want to make any observation about the merit of this case. But whether an offence under Section 306 IPC is made out or not in the facts and circumstances of this case and also based on such entries in the diary is a matter to be investigated by the investigating officer. Considering the entire facts and circumstances of this case, this bail application is allowed on stringent conditions. There can also be a direction to the petitioners not to enter the jurisdictional limit of the Town North Police Station, Palakkad till the final report in Crime No.631 of 2020 of Town North Police Station, Palakkad is filed.** **B.A. NO.5279 OF 2020 5** **8. 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 inmates inside prisons.** **9. 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.** **10. Considering the dictum laid down in the above decision and considering the facts and** ## **B.A. NO.5279 OF 2020 6** **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 proposes to arrest the petitioners, 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** **B.A. NO.5279 OF 2020 7** **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;** **4. The petitioners shall not** **leave India without permission of the Court;** **5. The 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. petitioners shall not enter the jurisdictional limit of the Town North Police Station, Palakkad till the final report in Crime No.631 of 2020 of Town North Police Station, Palakkad is filed. For the purpose of appearance before the investigating officer, the petitioners can enter the** **B.A. NO.5279 OF 2020 8** **jurisdictional limit of the above police station;** **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 in the wake of Covid 19 pandemic;** **8. If any of the above conditions are violated by the petitioner/s, 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** **pkk**