Shahanas Alias Haris vs State Of Kerala
2021 Latest Caselaw 12284 Ker

        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.3475 OF 2021

    CRIME NO.905/2020 OF Vallikunnam Police Station ,
                        Alappuzha


PETITIONER/S:

           SHAHANAS ALIAS HARIS
           AGED 23 YEARS
           SHIBINA MANZIL, KALLUKUZHY,
           UMAYANALLOORE, THAZUTHALA VILLAGE,
           KOLLAM 691589
           691589

           BY ADV. SRI.M.R.SASITH

RESPONDENT/S:

           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.No.3475/2021

                                   ..2..




                  P.V.KUNHIKRISHNAN, J
                   --------------------------------
                    B.A.No.3475 of 2021
                    -------------------------------
             Dated this the 7th day of May, 2021


                             ORDER

This Bail Application filed under Section 439 of Criminal

Procedure Code was heard through Video Conference.

2. The petitioner is the second accused in crime

No.905/2020 of Vallikkunnam Police Station. The above case

is registered against the petitioner alleging offences

punishable under Section 450, 395, 294(b) and 506(ii) of the

Indian Penal Code.

3. The prosecution case is that, the accused

trespassed into the house of the defacto complainant and the

second accused kept a knife on the neck of the defacto

complainant, abused him in filthy language and threatened to

kill him. Accused Nos. 1 and 2 assaulted him. It is also

alleged that accused Nos.3 to 5 committed theft of B.A.No.3475/2021

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Rs.3,50,000/-, 8.25 sovereigns of gold and an OPPO mobile

phone worth Rs.8,000/- kept in the cupboard in the bed room

near hall.

4. Heard the learned counsel for the petitioner and

the learned Public Prosecutor. The counsel for the petitioner

specifically stated in the Bail Application that accused Nos. 4

and 5 were already released on bail by this Court. The

counsel submitted that the petitioner is ready to abide by any

conditions, if this Court grant him bail. The learned Public

Prosecutor opposed the Bail Application.

5. After hearing both sides, I think this Bail

Application can be allowed on stringent conditions. The

petitioner is in custody from 09.04.2021 onwards. It is

submitted by the counsel that the 4 th and 5th accused were

already released on bail. In such circumstances, there is no

reason to deny bail to the petitioner alone. The counsel for

the petitioner also submitted that there is no criminal

antecedents to the petitioner. He is aged only 23 years.

Considering the entire facts and circumstances of the case, I B.A.No.3475/2021

..4..

think this Bail Application 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 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.

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 B.A.No.3475/2021

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prisons. These happened during the 1 st 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 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, this Bail Application is allowed with the following

directions:

1. The petitioner shall be released

on bail on executing a bond for Rs.50,000/-

(Rupees Fifty Thousand only) with two

solvent sureties each for the like sum to the

satisfaction of the jurisdictional Court.

B.A.No.3475/2021

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                   2.    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.

3. The Petitioner shall not leave

India without permission of the

jurisdictional Court.

4. The Petitioner shall not commit

any offence similar to the offence alleged in

this case.

5. The petitioner shall strictly abide

by the various guidelines issued by the

State Government and Central Government B.A.No.3475/2021

..7..

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 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 JUDGE kkj