Rasiq vs State Of Kerala
2021 Latest Caselaw 12379 Ker

Citation : 2021 Latest Caselaw 12379 Ker
Judgement Date : 7 May, 2021

Kerala High Court

Rasiq 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.3656 OF 2021

    CRIME NO.452/2021 OF Kayamkulam Police Station ,
                        Alappuzha


PETITIONER/S:

           RASIQ
           AGED 26 YEARS
           PADIPPURA KIZHAKKATHIL, NEAR M.S.M COLLEGE ,
           KAYAMKULAM
           690501

           BY ADV. SRI.M.G.SREEJITH

RESPONDENT/S:

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

     2     THE STATION HOUSE OFFICER
           KAYAMKULAM POLICE STATION, KAYAMKULAM,
           ALAPPUZHA DISTRICT

           R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:

           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:
 B.A.No.3656 of 2021

                                  ..2..




                 P.V.KUNHIKRISHNAN, J
                  --------------------------------
                    B.A.No.3656 of 2021
                   -------------------------------
            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 the accused in Crime No.452

of 2021 of Kayamkulam Police Station. The above case is

registered against the petitioner and others alleging offences

punishable under Sections 341, 323, 324, 326, 308 and 427

read with 34 of the Indian Penal Code and also under Section

27 of the Arms Act.

3. The prosecution case is that on 11.04.2021,

at about 5.15 p.m., the first accused wrongfully restrained the

de facto complainant. It is alleged that the first accused

attacked him using a sword. The accused was arrested on

13.04.2021. 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.3656 of 2021

..3..

petitioner submitted that the petitioner is in custody from

13.04.2021 onwards. The learned counsel further submitted

that the investigation of the case is almost over. It is also

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 and submitted that the petitioner

committed serious offence.

5. After hearing both sides, I think this bail

application can be allowed on stringent conditions. Of course,

the allegation against the petitioner is very serious. But the

petitioner is in custody from 13.04.2021 onwards. 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. B.A.No.3656 of 2021

..4..

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 B.A.No.3656 of 2021

..5..

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

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.