Kerala High Court
Samith.K.V vs State Of Kerala on 7 May, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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.3590 OF 2021
CRIME NO.08/2021 OF Taliparamba Excise Range Office , Kannur
PETITIONER:
SAMITH.K.V, AGED 31 YEARS,
O.MADHUSUDHANAN.KP, MADHURA VEETTIL,
KARIPPOOL ROAD, POOLIPARAMBA,
THALIPARAMBU AMSOM, DESM,
THALIPARAMBU TALUK,
KANNUR DISTRICT, PIN-670141
BY ADV. SRI.P.S.ANISHAD
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
PUBLIC PROSECUTOR, 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:
Bail Appl..No.3590 OF 2021
2
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.08 of 2021 of Taliparamba Excise Range Office. The above case is registered against the petitioner alleging offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act.
3. The prosecution case is that the petitioner was found in possession of 3 Kgs of ganja in his house. 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 petitioner submitted that the petitioner is in custody from 24.03.2021 onwards. The learned counsel also submitted that even if the prosecution case is accepted, only an intermediate quantity of contraband is seized from the possession of the petitioner. The learned counsel further 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.
5. After hearing both sides, I think the bail application can be allowed on stringent conditions. According to the prosecution, the Bail Appl..No.3590 OF 2021 3 petitioner was found in possession of 3 Kgs of ganja It is an intermediate quantity as per the Narcotic Drugs and Psychotropic Substances Act. Considering the entire facts and circumstances of the case and considering the fact that the petitioner is in custody from 24.03.2021 onwards, 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. 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-
Bail Appl..No.3590 OF 2021 4 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 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 Bail Appl..No.3590 OF 2021 5 police officer.
3. The petitioner shall not leave India without permission of the jurisdictional Court.
4. The petitioner shall not commit any offence similar to the offence alleged in this case.
5. The petitioner 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. 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 ss