Full Judgment
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.3319 OF 2021 CRIME NO.27/2021 OF Melattur Police Station , Malappuram PETITIONER/S: 1 MUHAMMED NISHAD AGED 22 YEARS KIZHAKKUMPARAMBAN HOUSE, MADRASAPPADI,ORAVAMPURAM, NENMINI AMSOM, THACHINGANADAM POST 2 MOYIN @VAPPU AGED 47 YEARS S/O MAMMUTTY, KIZHAKKUMPARAMBAN HOUSE, MADRASAPPADI, ORAVAMPURAM, NENMINI AMSOM, THACHINGANADAM POST BY ADVS. SRI.K.R.ARUN KRISHNAN SRI.P.K.VARGHESE SMT.SANJANA RACHEL JOSE RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 2 ADDL.R2.ARYADAN HASSAN (SOUGHT TO BE IMPLEADED) R1 BY PUBLIC PROSECUTOR R2 BY ADV. SRI.SOORAJ ELANJICKAL ..2..
R2 BY ADV. SRI.P.A.MOHAMMED SHAH OTHER PRESENT: SR.P.P.SRI.C.N.PRABHAKARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH Bail Appl..3635/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3..
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.3635 OF 2021 CRIME NO.27/2021 OF Melattur Police Station , Malappuram PETITIONER/S: ABDUL MAJEED @ BASH AGED 39 YEARS KIZHAKKUMPARAMBAN HOUSE, MADRASSAPADI, ORAMPURAM, MALPPURAM DISTRICT BY ADV. SRI.P.Y.SHANAVAS RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR SR.P.P.SRI.C.N.PRABHAKARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH Bail Appl..3319/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..4..
P.V.KUNHIKRISHNAN, J.
------------------------------------------- --------------------------------------------- Dated this the 7th day of May, 2021
ORDER
These Bail Applications are filed under Section 439 of Criminal Procedure Code was heard through Video Conference. Since these Bail Applications are filed by the accused in the same crime, I am disposing of these cases by a common order.
2. The petitioners are the accused in crime
No.27/2021 of Melattur Police Station. The above case is registered against the petitioners and others alleging offences punishable under Sections 324, 307, 302 r/w Section 34 of the Indian Penal Code.
3. The prosecution case in brief is as follows:- On
27.01.2021 at about 9.10 p.m., the accused due to previous enmity towards Hamsa @ Bapputty and Mohammad Sameer, assaulted and manhandled them by beating with sticks. It is ..5.. further alleged that the second accused stabbed Mohammad Sameer using a knife causing fatal injury and while undergoing treatment he succumbed to the injuries. Hence, it is alleged that the accused committed the offence. The petitioners were arrested and produced before the Jurisdictional Court on 29.01.2021.
4. Heard the learned counsel for the petitioners and
the learned Public Prosecutor. The counsel for the petitioners submitted that the petitioners are in custody from 29.01.2021 onwards. The investigation of the case is over and final report filed. The counsel submitted that the petitioners are ready to abide by any conditions, if this Court grant them bail. One of the accused is released on bail. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioners committed serious offence and if the petitioners are released on bail, there will be law and
order problem in the locality. Heard the learned counsel for
the victim also. He also seriously opposed the Bail Application. He argued that the offence is heinous. He relied on the judgment of the Supreme Court in Prasanthkumar ..6.. Sarkar v. Ashish Chattergi [2010(14) SCC 496].
5. Admittedly, the petitioners are in custody from 29.01.2021 onwards. Now the petitioners are in custody for more than 90 days. It is true that allegation against the
petitioners is very serious. The Prosecution submitted that CCTV footage is also available to show the specific overt act of the petitioners. One of the accused is already granted bail by this Court. Considering the facts and circumstances, I think this bail application can be allowed on stringent conditions. The apprehension of the prosecution that there will be law and order problem in the locality, if the petitioners are
released on bail is also to be considered. There can be a direction to the petitioners not to enter jurisdictional limit of Melatoor Police Station till main witnesses in this case are examined.
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 ..7.. 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 ..8.. 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 petitioners shall be released
on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.
2. The petitioners shall appear
before the Investigating Officer for interrogation as and when required. The petitioners 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 ..9.. police officer.
3. The petitioners shall not leave India without permission of the jurisdictional Court.
4. The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The petitioners 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. The petitioners shall not enter
the jurisdictional limit of Melattur Police Station till the main eye-witnesses in this case are examined during the trial. The petitioners can enter the jurisdictional limit, only for the purpose of appearing ..10.. before Jurisdictional Court and before the Investigating Officer.
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 kkj