Dated This The 07Th Day Of May vs Unknown
2021 Latest Caselaw 12325 Ker

Citation : 2021 Latest Caselaw 12325 Ker
Judgement Date : 7 May, 2021

Kerala High Court

Dated This The 07Th Day Of May vs Unknown on 7 May, 2021

               P.V.KUNHIKRISHNAN, J
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                  B.A.No.3488 of 2021
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          Dated this the 07th day of May, 2021


                          ORDER

This Bail Application filed under Section 439 of the

Criminal Procedure Code was heard through Video Conference.

2. The petitioner is the accused in Crime No.197

of 2021 of Thrissur Town East Police Station. The above case

is registered against the petitioner alleging offence punishable

under Sections 392 of the Indian Penal Code.

3. The prosecution case is that the petitioner

committed robbery of a gold chain from the possession of the

de facto complainant while she was walking through the road

situated near the Thiruvambadi temple. Hence, it is alleged

that the accused committed the offence. The petitioner was

arrested on 16.03.2021.

4. Heard the learned counsel for the petitioner

and the learned Public Prosecutor. The learned counsel for the

petitioner submitted that the allegation against the petitioner

is not correct and now the dispute between the petitioner and B.A.No.3488 of 2021

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the de facto complainant is settled out of court. The learned

counsel submitted that petitioner is in custody from

16.03.2021 onwards. The learned counsel also submitted that

the petitioner is ready to abide by any condition if this Court

grant bail to him. The learned Public Prosecutor opposed the

bail application and submitted that the petitioner committed

serious offence.

5. After hearing both sides, I think this bail

application can be allowed on stringent conditions. It is true

that the offence alleged against the petitioner is not

compoundable. But considering the fact that the petitioner is

in custody for a long periods and also 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 B.A.No.3488 of 2021

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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 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 B.A.No.3488 of 2021

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case, this Bail Application is allowed with the following

directions:

1. The petitioner shall be released on bail

on his 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.

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.