Kerala High Court
Vivek 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.2977 OF 2021
CRIME NO.263/2021 OF Mannar Police Station , Alappuzha
PETITIONER/1ST ACCUSED :-
VIVEK
AGED 21 YEARS
S/O VINOD
KUZHIKKALA THARAYIL VEEDU,
BHARANIKKAVU THEKKUM MURI,
KATTANAM VILLAGE, ALAPUUZHA
PIN - 690503
BY ADV. SRI.K.R.SUNIL
RESPONDENT/COMPLAINANT :-
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM - 682031
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.2977 OF 2021
2
P.V.KUNHIKRISHNAN, J
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B.A.No.2977 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 one of the accused in Crime No.263 of
2021 of Mannar Police Station. The above case is registered against
the petitioner and others alleging offences punishable under Sections
143, 147, 148, 452, 294(b), 323, 324 and 307 read with Section 149 of
the Indian Penal Code.
3. The prosecution case is that the accused, due to
previous enmity towards the family of the brother of the de facto
complainant, formed themselves into an unlawful assembly on
19.02.2021 and attacked the de facto complainant and the son of the
brother of the de facto complainant. Hence, it is alleged that the
accused committed the offence. The petitioners were arrested on
20.03.2021.
4. Heard the learned counsel for the petitioner and the
Bail Appl..No.2977 OF 2021
learned Public Prosecutor. The learned counsel for the petitioner
submitted that the petitioner is in custody from 20.03.2021 onwards.
The learned counsel further 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.
5. After hearing both sides, I think this bail application
can be allowed on stringent conditions. It is true that the offences
alleged against the petitioner are very serious. But the petitioner is in
custody from 20.03.2021 onwards. Considering the entire facts and
circumstances of the case and considering the detention period, 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 above
pandemic situation.
7. Moreover, considering the need to follow social
distancing norms inside prisons so as to avert the spread of the novel
Bail Appl..No.2977 OF 2021
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 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
Bail Appl..No.2977 OF 2021
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.
3. The petitioner shall not leave India without
permission of the jurisdictional Court.
4. The petitioner shall not commit any offence
similar to the offence alleged in this case.
5. 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.
6. 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
SMA
