Reena Shamsudeen vs State Of Kerala
2021 Latest Caselaw 12345 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.3325 OF 2021

  CRIME NO.425/2021 OF Chadayamanagalam Police Station , Kollam


PETITIONER/ACCUSED :-

             REENA SHAMSUDEEN
             AGED 39 YEARS
             CHARUVILA PUTHEN VEEDU, AYOOR P.O,
             EDAMULACKAL VILLAGE, KOLLAM
             PIN - 691306

             BY ADVS.
             SRI.K.SIJU
             SMT.S.SEETHA
             SMT.ANJANA KANNATH

RESPONDENTS -:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA
             ERNAKULAM, PIN - 682031

      2      STATION HOUSE OFFICER
             CHADAYAMANGALAM POLICE STATION,
             KOLLAM, PIN - 691534




             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:
 Bail Appl..No.3325 OF 2021

                                  2




                     P.V.KUNHIKRISHNAN, J
                      --------------------------------
                       B.A.No.3225 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. Petitioner is the accused in Crime No.425/2021 of

Chadayamangalam Police Station. The above case is registered

against the petitioner alleging offences punishable under Section

324 IPC and Section 75 of the Juvenile Justice (Care and Protection)

Act 2015.

3. The prosecution case is that the defacto complainant

entrusted her minor daughter aged 13 years with the accused for

attending online classes along with the daughter of the accused

aged 11 years and 14 years. It is alleged that the accused had

beaten the victim girl with a stick on the reason that she was not Bail Appl..No.3325 OF 2021

studying properly.

4. Heard the learned counsel for the petitioner and the

learned Public Prosecutor. The counsel for the petitioner submitted

that even if the entire allegations are accepted, the offence alleged

are not made out. The counsel submitted that the petitioner is

ready to abide any conditions if this Court grant her bail. She is a

teacher by profession. The Public Prosecutor opposed the bail

application.

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

be allowed on stringent conditions. Whether the offence alleged

against the petitioner is made out or not is a matter to be

investigated by the investigating officer. I think custodial

interrogation of the petitioner is not necessary in the facts and

circumstances of the 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 Bail Appl..No.3325 OF 2021

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 directions:

1. The petitioner shall appear before the

Investigating Officer within three weeks from Bail Appl..No.3325 OF 2021

today and shall undergo interrogation;

2. After interrogation, if the Investigating

Officer proposes to arrest the petitioner, she 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 her 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 Bail Appl..No.3325 OF 2021

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 al/--