Mohamed Nisan C vs State Of Kerala
2021 Latest Caselaw 12342 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.3349 OF 2021

    CRIME NO.283/2021 OF Tirur Police Station , Malappuram


PETITIONER/ACCUSED:

            MOHAMED NISAN C
            AGED 24 YEARS
            SON OF MOHAMMED KUTTY C, CHEMMALA HOUSE, CHERIYA
            PARAPUR, TRIPANGODE, MALAPPURAM
            676102

            BY ADV. SRI.P.C.ANIL KUMAR

RESPONDENT/STATE:

            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. .3349 of 2021                  2




                       P.V.KUNHIKRISHNAN, J
                      --------------------------------
                        B.A.No. 3349 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 petitioner is the accused in crime No.283/2021 of

Tirur Police Station. Above case is registered against the petitioner

alleging offence punishable under Sec.379 IPC. The offence under

Secs. 20 and 23 of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001 is also alleged.

3. The prosecution case is that on 19.4.2021 at about 10.45

am, driver of a lorry bearing registration No.KL-08 AE-991 found

transporting river sand.

4. Heard counsel for the petitioner and the Public Prosecutor.

The counsel for the petitioner submitted that the petitioner has not

committed any offence. The counsel also submitted that the

petitioner is ready to abide any conditions, if this Court grant him

bail. The Public Prosecutor opposed the bail application.

5. After hearing both sides, I think this bail application can

be allowed on stringent conditions. Custodial interrogation of the

petitioner may not be necessary in the facts and circumstances of this

case.

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 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 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.

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 SKS