Linu Lazar vs State Of Kerala And Ors

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

The petitioner is the accused in Crime No.8/2021 of Gandhi Nagar Police Station. He is the 4th accused in the above case. The above case is

registered against the petitioner and others alleging offences punishable under Secs. 448, 506(ii), 336, 338 r/w Sec.34 of the IPC.

The prosecution case is that the accused in furtherance of their common intention intimidated the defacto complainant who is a staff of hotel

'Indraprastha' and as a result of the intimidation trespassed into the hotel. The defacto complainant ran away and fell down fracturing his hand and leg.

It is alleged that the accused was armed with a sword and thus committed the offence under the Arms Act. The only non bailable offence alleged

against the accused are under Sec.27(ii) of the Arms Act.

Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that one of the accused is already released on

bail by this Court as per order dated 29.3.2021 in BA No. 2499/2021. The counsel submitted that the offence under the Arms Act will not stand

because the incident took place at a place that is not notified area as per the Arms Act. The Public Prosecutor opposed the bail application.

This Court after considering the entire facts and circumstances including the legal position granted bail to one of the accused in this case as per

order dated 29.3.2021 in BA No. 2499/2021. I see no reason to deny the same benefit to the petitioner in this case also. Therefore, this bail application

is to be allowed.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd

wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail applications. The life is more important

than anything. Therefore, I am considering this bail application based on the above pandemic situation.

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. These happened during the

1st wave of COVID-19 season.

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 petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail executing a bond for a sum of

Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner 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;

The petitioner shall not leave India without permission of the Court;

The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

The petitioner 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;

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.