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Judgment
This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.
The petitioner is the 4th accused in Crime No. 211 of 2020 of Vazhakkad Police Station, Malappuram District. The above case is registered against
the petitioner alleging offences punishable under Sections 323, 324, 377, 498A, 406 r/w. Section 34 of the Indian Penal Code (IPC).
The prosecution case is that, the defacto complainant married the 1st accused and after the marriage, the 1st accused and the other accused
including this petitioner mentally and physically harassed the defacto complainant.
Heard the learned counsel for the petitioner and the learned public prosecutor.
The learned counsel for the petitioner submitted that, the other accused were already released on bail by this Court as per the order dated 7.7.2020
in B.A.No.3997 of 2020. The counsel submitted that, there is no serious allegations against the petitioner who is the 4th accused in this case.
The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that if this Court is granting bail to the petitioner in the
light of the order dated 7.7.2020 in B.A.No.3997 of 2020, stringent conditions may be imposed.
After hearing both sides, I think, this bail application can be allowed on stringent conditions. After considering the entire aspects, this Court granted
bail to the other accused as per the order dated 7.7.2020 in B.A.No.3997 of 2020. I see no reason to deny the bail to the petitioner in the light of the
above order. Therefore, this bail application is allowed on stringent conditions.
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 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.