Reena Shamsudeen vs State Of Kerala
2021 Latest Caselaw 12358 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.3330 OF 2021

 CRIME NO.424/2021 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 - 682031

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




             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:
                     P.V.KUNHIKRISHNAN, J
                     --------------------------------
                      B.A.No.3330 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.424/2021 of

Chatayamangalam Police Station. The above case is registered

against the petitioner alleging offences punishable under Sections

294(b), 323 IPC and Section 75 of the Juvenile Justice (Care and

Protection) Act 2015.

3. The prosecution case is that on 15.1.2021, while the

defacto complainant and her husband were in altercation and when

their daughter, the victim aged 13 years intervened, the accused

who was present in the house of the husband of the defacto

complainant pushed her daughter and showered filthy language

against her.

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

submitted that it is a false case foisted against the petitioner at the

instance of the husband of the petitioner. The counsel submitted

that even if the entire allegations are accepted no offence as

alleged against the petitioner is made out. The counsel submitted

that the petitioner is ready to abide any conditions if this Court

grant her 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

the case. I have already granted bail to the petitioner in another

crime today as per order in B.A. No.3325/2021. Considering the

facts and circumstances of the case, I think, bail can be granted in

this case also.

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 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

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 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/-