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Judgment
This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
Petitioners are the accused in Crime No.1081/2020 of Kaduthuruthi Police Station. The above case is registered against the petitioners alleging
offences punishable under Section 498(A) r/w 34 IPC.
The prosecution case is that the petitioners mentally and physically harassed the defacto complainant.
Heard the learned counsel for the petitioners, the learned Public Prosecutor and Advocate Kaveri. S. Thambi appeared for the defacto complainant
in this case.
The counsel for the petitioners submitted that the offences alleged against the petitioners are matrimonial offences. The counsel submitted that the
marital relationship between the 1st petitioner and the defacto complainant is in existence even now. The counsel submitted that the petitioners are
ready to abide any condition, if this Court grant them bail.
The counsel who appeared for the defacto complainant submitted that the 1st petitioner availed a loan from KSFE by pledging the property of the
defacto complainant's mother. Now the 1st petitioner defaulted in repaying the loan amount and the recovery steps are taken by the KSFE. The
counsel submitted that if the petitioners are released on bail, the 1st petitioner will went abroad. The counsel submitted that the petitioners may not be
released on bail under Section 438 Cr.P.C.
The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that there are serious allegation against the petitioners.
After hearing both sides, I think, this bail application can be allowed on stringent conditions. Admittedly, the matrimonial relationship between the 1st
petitioner and the defacto complainant is in existence even now. The counsel for the defacto complainant submitted that the 1st petitioner is living with
another lady. These are matters to be investigated by the investigating officer. The offences alleged against the petitioners are matrimonial offences.
Considering the entire facts and circumstances of the case, I think, this bail application can be allowed on stringent conditions. I also make it clear that
if there is any passport to the petitioners that should be surrendered before the investigating officer at the time of surrender.
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.
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.
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:
The petitionerS shall appear before the Investigating Officer within ten days from today and shall undergo interrogation.
After interrogation, if the Investigating Officer propose to arrest the petitioner, 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.
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 him from disclosing such facts to the Court or to any police officer.
Petitioners shall not leave India without permission of the jurisdictional Court.
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.
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.
The petitioners shall surrender their passport before the investigating officer. If there is no passport, they will file an affidavit to that effect before
the officer concerned.
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.