Kerala High Court
Shanu Shafeeque vs State Of Kerala on 21 July, 2020
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
BA.No.1525/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF JULY 2020 / 30TH ASHADHA, 1942
Bail Appl..No.1525 OF 2020
CRIME NO.110/2020 OF Koyilandy Police Station , Kozhikode
PETITIONERS/ACCUSED:
1 SHANU SHAFEEQUE,
AGED 20 YEARS
S/O.SHAFEEQUE, SHASMA HOUSE, CHEGOTTUKAVE,
KOYILANDY, KOZHIKODE DISTRICT.
2 MUHAMMED NIHAD,
AGED 21 YEARS
S/O.NOUSHAD, AL KHAIR HOUSE, POOKAD,
CHEMMANCHERI P.O., KOZHIKODE DISTRICT.
3 BUSHAR JAMHAR,
AGED 27 YEARS
S/O.ABBAS, CHERIKUMMAL HOUSE, PAINGOTUPURAM,
PERINGALAM P.O., KOZHIKODE DISTRICT.
4 AJMAL FAHIL,
AGED 23 YEARS
S/O.HAMZA, NAZEEMA MANZIL CHERIYA PURAYIL,
KAPPAD P.O., KOZHIKODE DISTRICT.
BY ADVS.
SRI.ADITHYA RAJEEV
SRI.T.R.HARIKUMAR
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
SRI.AJITH MURALI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA.No.1525/2020
O R D E R
Dated this the 21st day of July 2020 This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
2. Petitioners are the accused in Crime No.110/2020 of Koyilandy Police Station, Kozhikode. The above case is registered against the petitioners and others alleging the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308, 294(b) and 506 r/w Section 149 of IPC.
3. The prosecution case is that on 31.1.2020 in connection with the festival of the Thiruvangoor High School, while the cinematic dance of the students were going on, certain students had created problems. When the programme had restarted, the petitioners attempted to repeat the mischief and hence the teachers of the school had intervened. It is further alleged that the students attacked the teacher and the teacher sustained injuries. Accordingly, Crime No.109/2020 was registered by the Koyilandy Police Station. The case of the prosecution is that subsequent to this incident, the petitioners attacked the injured in this case from the hospital. BA.No.1525/2020 3
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The counsel for the petitioners submitted that no serious injuries sustained to the injured. It happened in connection with the school festival. The petitioners are ready to abide by any condition, if this Court grant bail to them.
6. The learned Public Prosecutor seriously opposed the bail application. The learned Public Prosecutor submitted that the petitioners attacked a teacher of the school and they are not entitled orders under Section 438 Cr.P.C
7. The learned counsel for the petitioners submitted that the original case, which is registered as Crime No.109/2020 of Koyilandy Police Station is already quashed by this Court based on the settlement between the parties. It is a fact that the alleged incident happened on 31.1.2020. This bail application was filed on 26.2.2020. Even now, the petitioners are not arrested. No interim order is passed in this bail application. Probably, the investigation in this case may be delayed because of the pendency of this bail application. There can be a direction to the petitioners to surrender before the investigating officer so that the investigation of the case itself can be completed.
BA.No.1525/2020 4
8. Considering the facts and circumstances of this case, 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.
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 petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation.BA.No.1525/2020 5
2. After interrogation, if the Investigating Officer propose to arrest the petitioners, they shall be released on bail executing a bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned.
3. The petitioners shall appear before the Investigating Officer as and when required. The petitioners shall co-operate with the investigation and shall not threaten or attempt to influence the witnesses or tamper with the evidence.
4. 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.
5. If any of the above conditions are violated by the petitioners, 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 ab BA.No.1525/2020 6 Sd/-
P.V.KUNHIKRISHNAN JUDGE