Kerala High Court
Pranav vs State Of Kerala on 7 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
Bail Appl..No.3583 OF 2021
CRIME NO.123/2021 OF Mannuthy Police Station , Thrissur
PETITIONERS:
1 PRANAV
AGED 28 YEARS
THIRUTHAMPADAM HOUSE, PUTHUDI DESOM, VALLAGI
VILLAGE, PALAKKAD
678508
2 ANOOP
AGED 23 YEARS
KOZHIKKAL HOUSE, VADAKKEKAD, CHATAMANGALAM,
NENMARA VILLAGE, PALAKKAD
678508
BY ADV. SRI.E.VIJIN KARTHIK
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SR.P.P.SRI.C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.05.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A.Nos.3583 & 3588 of 2021
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
Bail Appl..No.3588 OF 2021
CRIME NO.123/2021 OF Mannuthy Police Station , Thrissur
PETITIONER/S:
RANJITH
AGED 20 YEARS
NEDOOR COLONY, PARAYAMVELLAM, KARIKULLAM
VILLAGE, PALAKKAD.
678709
BY ADV. SRI.E.VIJIN KARTHIK
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
P.P.SMT.M.K.PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.05.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A.Nos.3583 & 3588 of 2021
..3..
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.Nos.3583 & 3588 of 2021
-------------------------------
Dated this the 07th day of May, 2021
ORDER
These Bail Applications filed under Section 439 of
the Criminal Procedure Code were heard through Video
Conference. Since these bail applications are connected, I am
disposing these cases by a common order.
2. Petitioners are the accused in Crime No. 123 of
2021 of Mannuthy Police Station. The above case is registered
against the petitioners alleging offences punishable under
Sections 452, 323, 324, 326, 307, 506(ii) and 120B read with
Section 34 of the Indian Penal Code.
3. The prosecution case is that on 13.03.2021, at
about 10.45 p.m., the accused, in furtherance of their common
intention to commit murder of the de facto complainant,
trespassed into the house of the de facto complainant and
attacked the de facto complainant using iron rod and other
B.A.Nos.3583 & 3588 of 2021
..4..
dangerous weapons. Hence, it is alleged that the accused
committed the offence. The petitioners were arrested on
16.03.2021.
4. Heard the learned counsel for the petitioners
and the learned Public Prosecutor. The learned counsel for the
petitioners submitted that the petitioners are in custody from
16.03.2021 onwards. The learned counsel also submitted that
the petitioners are ready to abide by any condition if this Court
grant bail to them. The learned counsel further submitted
that the incident is not happened as alleged by the
prosecution. The learned Public Prosecutor opposed the bail
applications. The learned Public Prosecutor submitted that the
petitioners committed serious offence.
5. The petitioners are in custody from 16.03.2021
onwards. It is true that the allegations against the petitioners
are very serious. But, considering the entire facts and
circumstances of the case, I think these bail applications can
be allowed on stringent conditions.
6. 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
B.A.Nos.3583 & 3588 of 2021
..5..
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 these bail applications based on
the above pandemic situation.
7. 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.
8. 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
B.A.Nos.3583 & 3588 of 2021
..6..
is the rule and refusal is the exception so as to ensure that the
accused has the opportunity of securing fair trial.
9. Considering the dictum laid down in the above
decision and considering the facts and circumstances of this
case, these Bail Applications are allowed with the following
directions:
1. Petitioners shall be released on bail on
their executing a bond for Rs.50,000/- (Rupees Fifty
Thousand only) each with two solvent sureties each
for the like sum to the satisfaction of the
jurisdictional Court.
2. 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 them from disclosing such facts to the
Court or to any police officer.
3. Petitioners shall not leave India without
permission of the jurisdictional Court.
B.A.Nos.3583 & 3588 of 2021
..7..
4. Petitioners shall not commit any offence
similar to the offence alleged in this case.
5. 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.
6. 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.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ds 07.05.2021
