Vipin . L.S vs State Of Kerala
2021 Latest Caselaw 12309 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.3354 OF 2021

   CRIME NO.330/2021 OF Mangalapuram Police Station ,
                   Thiruvananthapuram


PETITIONER/S:

           VIPIN . L.S
           AGED 56 YEARS
           S/O. V.SIVASANKARAN NAIR, MANIDEEPAM,
           ATHIYANOOR, ARALUMOODU.P.O,
           THIRUVANANTHAPURAM DISTRICT, PIN-695123

           BY ADV. SRI.M.G.SREEJITH

RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           PHIGH COURT OF KERALA
           682031

     2     THE STATION HOUSE OFFICER
           MANGALAPURAM POLICE STATION,
           THIRUVANANTHAPURAM DISTRICT

           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.No.3354 of 2021

                                ..2..




                   P.V.KUNHIKRISHNAN, J
                    --------------------------------
                      B.A.No.3354 of 2021
                     -------------------------------
              Dated this the 07th day of May, 2021


                            ORDER

This Bail Application filed under Section 438 of the

Criminal Procedure Code (Cr.P.C.) was heard through Video

Conference.

2. The petitioner is the third accused in Crime

No.330 of 2021 of Mangalapuram Police Station. The above

case is registered against the petitioner alleging offences

punishable under Sections 406 and 420 read with Section 34 of

the Indian Penal Code.

3. The prosecution case is that the petitioner who

was working as a Senior Branch Manager of KSFE,

Vazhuthacaud Branch committed criminal misappropriation

and cheating in a chitty transaction. Hence, it is alleged that

the accused committed the offence.

4. Heard the learned counsel for the petitioner

and the learned Public Prosecutor. The learned counsel for the B.A.No.3354 of 2021

..3..

petitioner submitted that the petitioner has not committed any

offence and he is ready to abide by any condition if this Court

grant bail to him. The the learned Public Prosecutor opposed

the bail application and submitted that the allegation against

the petitioner is very serious and this Court may not pass any

orders under Section 438 Cr.P.C..

5. It is true that the allegation against the

petitioner is very serious. But custodial interrogation of the

petitioner may not be necessary in the facts and

circumstances of the present case. If the prosecution case is

correct, it can be proved through records. Considering the

entire facts and circumstances of the case, I 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. B.A.No.3354 of 2021

..4..

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 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

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 B.A.No.3354 of 2021

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directions:

1. The petitioner shall appear before the

Investigating Officer within three weeks from today and

shall undergo interrogation;

2. After interrogation, if the Investigating

Officer proposes to arrest the petitioner, he shall be

released on bail on his 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. The petitioner shall not leave India without

permission of the Court;

5. The Petitioner shall not commit any offence B.A.No.3354 of 2021

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similar to the offence alleged in this case.

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 JUDGE ds 07.05.2021