Sujesh @ Kannan 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. 2614 / 2020 (Crime No.18/2020 of Vatanappally Excise Range, Thrissur District.) ## Petitioner/Accused: Sujesh @ Kannan, aged 30 years, S/o.Sukumaran, Kondiyara House, Pallippuram Desom, Karayavattom, Valappad Village, Chavakkad Taluk, Thrissur District. By Adv. Sri. Nireesh Mathew ## Respondent/Complainant: State of Kerala rep. by the Public Prosecutor, High Court of Kerala, Ernakulam 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. 2614 OF 2020 2 ## **P.V.KUNHIKRISHNAN, J** -------------------------------- B.A. No.2614 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.18 of 2020 of Vatanappally Excise Range, Thrissur District registered alleging offences punishable under Section 55(g) of the Abkari Act. Petitioner was arrested on 7.4.2020 and he is in custody. 3.The prosecution case is that on 7.4.2020 the accused was found in possession of 18 liters of Wash. 4. The counsel for the petitioner submitted that he is in custody from 7.4.2020 and the quantity of B.A. NO. 2614 OF 2020 3 contrabands seized is only 18 liters and no utensils for manufacturing is seized which will show that the petitioner, even if, the prosecution case is accepted is not a manufacturer. 5.The learned Public Prosecutor submitted that if this court grant bail to the petitioner stringent conditions may be imposed. It is submitted that no criminal antecedents to the petitioner. 6. After hearing both sides, I think this bail application can be allowed. The petitioner is on custody from 7.4.2020. HeThe learned Public Prosecutor submitted that if this court grant bail to the petitioner stringent conditions may be imposed. was in possession of 18 liters of Wash without evidence to show that he was manufacturing illicit Arrack using the same. Moreover, there is no criminal antecedents to the petitioner. Hence, the petitioner can be released on B.A. NO. 2614 OF 2020 4 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 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 B.A. NO. 2614 OF 2020 5 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 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 B.A. NO. 2614 OF 2020 6 address at which the petitioner would be residing after his release. 3. The Superintendent of Jail concerned, 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. B.A. NO. 2614 OF 2020 7 The petitioner shall co-operate with the investigation and shall not threaten or attempt to influence the witnesses or tamper with the evidence. 6. The petitioner 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 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. B.A. NO. 2614 OF 2020 8 8. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with law, even though the bail is granted by this Court. Sd/- ## **P.V.KUNHIKRISHNAN,** **JUDGE** ska