Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 Bail Appl..No.6928 OF 2020 CRIME NO.1676/2020 OF Perumbavoor Police Station , Ernakulam PETITIONER: JOJI AGED 46, SON OF VARGHESE, KIZHAKKUMTHALA HOUSE, CHELAMATTAM KARA, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN 683 550 BY ADV. SRI.C.X.ANTONY BENEDICT
RESPONDENT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682031 SRI.RENJITH.T.R., PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No. 6928 of 2020 2 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No. 6928 of 2020 ------------------------------- Dated this the 30th day of October, 2020
ORDER
This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
2. Petitioner is the accused in Crime No.1676 of 2020 of Perumbavoor Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 341, 324, 307, 325 & 498A IPC.
3. The prosecution case is that the petitioner who is the
husband of the de facto complainant attacked the de facto complainant in the mid night on 15.9.2020. The wife of the petitioner sustained serious injuries on her both palms. It is also alleged that the petitioner caused injuries to both legs of the wife near the foot.
4. Heard the counsel for the petitioner and the learned Public Prosecutor. B.A.No. 6928 of 2020 3
5. The counsel for the petitioner submitted that the
petitioner is suffering from some mental illness. According to the counsel, there is lucid intervals also. The counsel produced Annexure-1, a certificate issued by Dr.S.Shaji, who is a Psychiatrist at Bethsada Hospital, Perumbavoor. The counsel submitted that the petitioner has not committed the offence. The counsel submitted that the petitioner is ready to abide any condition, if this Court grant him bail.
6. The Public Prosecutor seriously opposed the bail
application. The Public Prosecutor submitted that the petitioner attacked his own wife and the wife sustained serious injuries. The Public Prosecutor also made available the records.
7. It is true that the victim in this case sustained serious
injury. But I perused Annexure-I medical certificate produced by the petitioner in which it is stated that the petitioner is undergoing treatment for psychosis. The case of the petitioner is that he is suffering from mental illness with lucid intervals. The counsel submitted that the incident happened when he was suffering from the illness. I do not want to make any
B.A.No. 6928 of 2020 4 observation about the merit of the case. Whether the alleged incident happened at the time when the petitioner is suffering from mental illness or not is a matter to be investigated and the same is to be decided by the trial court.
8. Considering the entire facts and circumstances of the case, I think this bail application can be allowed on stringent conditions. It is stated that the victim in this case is residing
within the jurisdiction of Perumbavoor Police Station. Therefore, there can be a direction to the petitioner not to enter the jurisdictional limit of Perumbavoor Police Station for a period of three months from today. With this condition, I think this bail application can be allowed.
9. 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.
B.A.No. 6928 of 2020 5
10. 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.
11. 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 ten days from today and shall undergo interrogation.
2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand B.A.No. 6928 of 2020 6 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 him from
disclosing such facts to the Court or to any police officer.
4. Petitioner shall not leave India without permission of the jurisdictional Court.
5. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
6. The petitioner shall strictly abide by the B.A.No. 6928 of 2020 7 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. The petitioner shall not enter the
jurisdictional limit of Perumbavoor Police Station except for the purpose of interrogation in connection with the case or for the appearance before the committal court or the trial court.
8. 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 cms