Shanavas V vs State Of Kerala

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. 276 of 2020 of Pinarayi Police Station, Kannur District. The above case is registered against the

petitioner and others alleging offences punishable under Sections 143, 147, 148, 447, 341, 323, 354B and 427 r/w Section 149 of the Indian Penal Code

(IPC).

The prosecution case is that, on 26.10.2020 at 9.30 a.m., the petitioner and other accused trespassed into the property of the defacto complainant

and proceeded to construct a road. When the defacto complainant tried to stop this, the petitioner along with other accused formed themselves into an

unlawful assembly, restrained the defacto complainant, hit her with hand and tried to outrage her modesty.

Heard the learned counsel for the petitioner and the learned public prosecutor.

The learned counsel for the petitioner submitted that, the petitioner is only a contractor for the supply of materials for the construction of an

interlocked footpath. The project work is to be completed in November, 2020. When the work was started the defacto complainant obstructed. The

counsel submitted that another case is registered against the defacto complainant and another as Crime No.278 of 2020. The counsel submitted that

the only non bailable offence alleged against the petitioner in this case is under Section 354B IPC. The counsel submitted that, even if the entire

allegations are accepted, the offence under Section 354B IPC is not attracted.

The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that the petitioner wrongfully restrained the defacto

complainant and assaulted her. The public prosecutor also made available the wound certificate of the defacto complainant.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. The only non bailable offence alleged against the

petitioner is under Section 354B IPC. Whether the offence under Section 354B IPC is made out or not is a matter to be investigated by the

investigating officer. I perused the wound certificate produced by the public prosecutor. Only a small abbression is there to the defacto complainant.

Considering the entire facts and circumstances of this case, I think, this bail application can be 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.