Mohammed Safuvan vs State Of Kerala
2021 Latest Caselaw 12341 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.3357 OF 2021

CRIME NO.62/2021 OF Vazhakkad Police Station , Malappuram


PETITIONER/S:

           MOHAMMED SAFUVAN
           AGED 24 YEARS
           POOKKOTTUPARAMBU, AYIKKARAPPADI PO,
           MALAPPURAM DISTRICT, PIN- 673 637.

           BY ADV. SRI.P.SAMSUDIN

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.3357 of 2021

                               ..2..




                   P.V.KUNHIKRISHNAN, J
                    --------------------------------
                      B.A.No.3357 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 accused in Crime No.62 of

2021 of Vazhakkad Police Station. The above case is

registered against the petitioner alleging offences punishable

under Section 379 of the Indian Penal Code and also under

Sections 20 and 23 of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001.

3. The prosecution case is that on 03.04.2021 at

about 2.00 a.m., a lorry bearing registration No.KL 45A 2358

was found carrying river sand without any permit. 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.3357 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 learned Public Prosecutor opposed the

bail application.

5. After hearing both sides, I think this bail

application can be allowed on stringent conditions. Whether

the offences alleged are made out or not is a matter to be

investigated by the Investigating Officer. Custodial

interrogation of the petitioner may not be necessary in the

present case. 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.

Therefore, I am considering this bail application based on the B.A.No.3357 of 2021

..4..

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

directions:

B.A.No.3357 of 2021

..5..

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

similar to the offence alleged in this case. B.A.No.3357 of 2021

..6..

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