Kerala High Court
Mohammed Salim 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.3259 OF 2021
CRIME NO.270/2021 OF Tirur Police Station , Malappuram
PETITIONER/ACCUSED:
MOHAMMED SALIM
SON OF HAMZA, AGED 36, MANNANTHARA HOUSE,
VALIYAPARAPPUR, MALAPPURAM
676102
BY ADV. SRI.P.C.ANIL KUMAR
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SR.P.P.SRI.C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.3259 of 2021 2
P.V.KUNHIKRISHNAN, J
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B.A.No.3259 of 2021
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Dated this the 7th day of May, 2021
ORDER
This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.
2. Petitioner is the accused in Crime No.270/2021 of Tirur Police Station. The above case is registered against the petitioner alleging offence punishable under Section 379 IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act.
3. The prosecution case is that on 14.4.2021 at about 10.05 a.m., the driver of a vehicle bearing registration No.KL-05-V-4438 was found in transporting river sand illegally. On seeing the police, the driver of the vehicle ran away from the spot after leaving the lorry with the load of sand.
B.A.No.3259 of 2021 3
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submitted that even if the entire allegations are accepted, the offence alleged are not made out. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail. The Public Prosecutor opposed the bail application.
5. After hearing both sides, I think this bail application can be allowed on stringent conditions. Whether the offence alleged against the petitioner is made out or not is a matter to be investigated by the investigating officer. I think custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case.
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.
B.A.No.3259 of 2021 4
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 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 appear before the Investigating Officer within three weeks from today B.A.No.3259 of 2021 5 and shall undergo interrogation;
2. After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand 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. The petitioner shall not leave India without permission of the Court;
5. The petitioner shall not commit any offence similar to the offence alleged in this case.
6. The petitioner shall strictly abide by the various guidelines issued by the State Government B.A.No.3259 of 2021 6 and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic;
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 al/-