Ayisha vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2020

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Citation: sooperkanoon.com/1760646
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Apr 30, 2020
Case Number: Bail Appl./2148/2020

Parties & Advocates

Appellant / Petitioner

Ayisha

Respondent

State of Kerala

Excerpt

.....am, while he was sleeping, by suffocating him with a bath towel. during the course of investigation, the petitioner was arrested on 24.01.2020.2. the learned counsel for the petitioner would submitapart from the merits of the matter, the undisputed fact is that the ..3.. 90 days period stipulated under section 167 (2) of the cr pc is over and till date the final report has not been filed after completing the investigation.3. the learned public prosecutor submits that the final report is yet to be filed.4. the well accepted principle of bail being the rule andjail the exception, has been reiterated by the honourable supreme court time and again. [see nikesh tarachand shah v. union of india [2018 (11) scc 1 and p.chidambaram v. directorate of enforcement [air 2019 sc 5272].5. considering the need to follow social distancing normsinside prisons so as to avert the spread of the novel corona-virus pandemic, the honourable 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 minimising the number of inmates inside prisons. in such circumstances, the petitioner is entitled to be ..4.. enlarged on bail in terms of section 167 (2) of the cr pc, which shall be subjected to be following conditions:-i) the petitioner shall furnish to the superintendent of the jail where she is incarcerated, her phone number and the address at which she would be residing after her release. the petitioner shall also provide the address of her proposed sureties and two of her near relatives and submit an undertaking that on release, she would abide by the conditions of the lock down imposed by the central and state government and be in quarantine, if so required. ii) on the aforementioned conditions being satisfied, the superintendent of the jail shall release the petitioner with due intimation about such release to the station house officers of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 30TH DAY OF APRIL 2020 / 10TH VAISAKHA, BAIL APPL.NO. 2148 OF 2020 (CRIME NO. 30/2020 OF MANJESHWAR POLICE STATION, KASARAGOD DISTRICT.) PETITIONER/1ST ACCUSED. AYISHA W/O ISMAIL AGED 43 YEARS, R/AT KEDAMPADY HOUSE, KEDAMPADY, PAVOOR VILLAGE, MANJESHWAR, KASARAGOD DISTRICT. BY ADV.SRI.JIJI S.2062 RESPONDENT/STATE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
V.G.ARUN, J.
----------------------------------------- B.A. No. 2148 of 2020 ----------------------------------------- Dated this the 30th day of April, 2020.

ORDER

The petitioner is arrayed as the 1 st accused in Crime No.30 of 2020 of Manjeshwar Police Station alleging commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code. The gist of the prosecution allegation is that on 20.01.2020, the accused persons in furtherance of their common intention to commit murder of one Ismail, who is none other than the husband of the petitioner herein, committed murder of the said Ismail at around 12.30 am, while he was sleeping, by suffocating him with a bath towel. During the course of investigation, the petitioner was arrested on 24.01.2020.

2. The learned counsel for the petitioner would submit

apart from the merits of the matter, the undisputed fact is that the ..3.. 90 days period stipulated under Section 167 (2) of the Cr PC is over and till date the final report has not been filed after completing the investigation.

3. The learned Public Prosecutor submits that the final report is yet to be filed.

4. The well accepted principle of bail being the rule and

jail the exception, has been reiterated by the Honourable Supreme Court time and again. [See Nikesh Tarachand Shah v. Union of India [2018 (11) SCC 1 and P.Chidambaram v. Directorate of Enforcement [AIR 2019 SC 5272].

5. Considering the need to follow social distancing norms

inside prisons so as to avert the spread of the novel Corona-virus pandemic, the Honourable 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 minimising the number of inmates inside prisons. In such circumstances, the petitioner is entitled to be ..4.. enlarged on bail in terms of Section 167 (2) of the Cr PC, which shall be subjected to be following conditions:-

i) The petitioner shall furnish to the Superintendent of the jail where she is incarcerated, her phone number and the address at which she would be residing after her release. The petitioner shall also provide the address of her proposed sureties and two of her near relatives and submit an undertaking that on release, she would abide by the conditions of the lock down imposed by the Central and State Government and be in quarantine, if so required. ii) On the aforementioned conditions being satisfied, the Superintendent of the Jail shall release the petitioner with due intimation about such release to the Station House Officers of the Police Station where the crime against the petitioner has been registered and the

..5..

Police Station within the jurisdiction of which the petitioner would be residing. iii) Immediately after release from prison, the petitioner shall report before the Station House Officer of the jurisdictional Police Station and shall produce a copy of the undertaking she had furnished before the Jail Superintendent. The Station House Officer concerned shall keep vigil on the whereabouts of the petitioner and shall ensure that the petitioner does not violate the terms of the undertaking. iv) The petitioner shall, within one week from commencement of functioning of the jurisdictional court, if the court is not functioning at present, execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court. v) The petitioner shall co-operate with the

..6.. investigation and shall not threaten or make any attempt to influence witnesses or tamper with the evidence. (Sd/-) V.G.ARUN JUDGE YKB/30.4.2020

Same Court & Year Kerala · 2020 Same Parties Ayisha vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun