Kerala High Court
Hashim Ali 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.3374 OF 2021
CRIME NO.0202/2021 OF Chandera Police Station , Kasargod
PETITIONER/S:
1 HASHIM ALI
AGED 39 YEARS
ASSANKADAN, ORIMUK,PADANNA VILLAGE, CHANDERA
KASARGOD, PIN-671312
2 RABIYA
AGED 57 YEARS
ASSANKADAN, ORIMUK, PADANNA VILLAGE,
CHANDERA 671312
BY ADV. SRI.P.K.SUBHASH
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.No. .3374 of 2021 2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3374 of 2021
-------------------------------
Dated this the 7th day of May, 2021
ORDER
This Bail Application filed under Section 438 of Criminal
Procedure Code (Cr.P.C.) was heard through Video Conference.
2. The petitioners are the accused in Crime No.202/2021 of
Chandera Police Station, Kasaragod District. The above case is
registered against the petitioners alleging offences punishable under
Section 498A IPC.
3. The 1st petitioner is the husband of the defacto
complainant and the 2nd petitioner is the mother of the first petitioner.
It is alleged that the petitioners mentally and physically harassed the
defacto complainant.
4. Heard the counsel for the petitioners and the Public
Prosecutor. The counsel for the petitioners submitted that the offence
alleged against the petitioners is matrimonial offence and there is
some matrimonial disputes between the 1 st petitioner and the defacto
complainant. The counsel submitted that the petitioners are ready to
abide any condition, if this Court grant them bail.
5. After hearing both sides, I think that the bail application
can be allowed on stringent conditions. Admittedly, the matrimonial
dispute is pending between the 1 st petitioner and the defacto
complainant. The offence alleged against the petitioners is
matrimonial offence. I do not want to make any observation on the
merit of the case. Considering the facts and circumstances of the
case, I think that 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 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 petitioners 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 petitioners, they shall
be released on bail executing a bond for a sum of
Rs.50,000/-(Rupees Fifty Thousand only) each with
two solvent sureties each for the like sum to the
satisfaction of the officer concerned;
3. The 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 him from disclosing such facts to the Court
or to any police officer;
4. The petitioners shall not leave India
without permission of the Court;
5. The petitioners shall not commit any
offence similar to the offence alleged in this case.
6. The 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.
7. 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
sd
