Kerala High Court
Manuel Solomon vs Unknown on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Bail Appl..No.1256 OF 2021
CRIME NO.29/2021 OF Sakthikulangara Police Station , Kollam
PETITIONER:
MANUEL SOLOMON
AGED 37 YEARS
S/O SOLOMON, KALLELI VAYAL PURAYIDOM,
KAIKULANGARA, KOLLAM- 691009
BY ADVS.
SRI.M.T.SURESHKUMAR
SRI.A.MANOJ JOSEPH
SMT.SREELAKSHMI SABU
RESPONDENT
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA -682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.AJITH MURALI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1256 of 2021 2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.1256 of 2021
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Dated this the 15th day of February 2021
ORDER
This Bail Application is filed under Section 438 of Criminal
Procedure Code was heard through Video Conference.
2. Petitioner is the 2nd accused in Crime No.29 of 2021 of
Sakthikulangara Police Station. The above case is registered
against the petitioner and others alleging offence punishable
under Sections 143, 144, 147, 148, 294(b), 452, 323, 452,
427 and 506 read with 149 of IPC.
3. The prosecution case is that on 16.1.2021 at 10.50pm
the petitioner and the four other persons encroached into the
courtyard of the informant and then they destroyed two cars
and two motorcycles kept in the porch and thereafter they
trespassed into his residence and attacked the mother of the
informant and accordingly committed the above said offences.
4. Heard the counsel for the petitioner and the Public
Prosecutor.
5. The counsel for the petitioner submitted that the only
non bailable offence alleged against the petitioner is under
Section 452 IPC. The counsel submitted that the petitioner is
ready to abide any conditions if this court grant bail.
6. The learned Public Prosecutor opposed the bail
application. But, the Public Prosecutor submitted that there is
some law and order problem in this area. The Public Prosecutor
submitted that if this Court is granting bail, stringent conditions
may be imposed.
7. 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 452 IPC.
8. Considering the entire facts and circumstances of the
case, I think this bail application is allowed on stringent
conditions.
9. 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.
10. 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.
11. 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 petitioner shall appear before the
Investigating Officer within ten days from today
and shall undergo interrogation.
2. After interrogation, if the Investigating
Officer propose 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.
3. 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.
4. Petitioner shall not leave India without
permission of the jurisdictional Court.
5. 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.
6. 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.
7. 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.
Sd/-
P.V.KUNHIKRISHNAN,
ska JUDGE
