Kerala High Court
Selvaraj Alias T S Rajan vs Public Prosecutor on 7 August, 2020
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 AUGUST 2020 / 16TH SRAVANA, 1942
Bail Appl..No.4652 OF 2020
CRIME NO.1119/2020 OF KARUNAAGAPALLY POLICE STATION , KOLLAM
PETITIONER/S:
1 SELVARAJ ALIAS T S RAJAN
AGED 48 YEARS
S/O, THANISLAS, SANTHI BHAVANAM,
ARUMANAI PO, ARUMANAI VILLAGE,
VILANVANCODE TALUK KANYAKUMARI,
TAMIL NADU. NOW WORKING AND RESIDING AT NO. 3,
23RD STREET, T G NAGAR, NAGNGANALLOOR,
CHENNAI -600061
2 SUNDARAM
AGED 62 YEARS
W/O THANISLAS, SANTHIBHAVANAM,
ARUMANAI PO,VILAVANCODE THALUK,
KANYAKUMARI,TAMILNADU DISTRICT -629151
SHANTHI,
3 W/O JAYASEKHAR,
PRIYA BHAVANAM,
KUNJALIVILA, ARUMANAI VILLAGE,
KANYAKUMARI DISTRICT, TAMILNADU - 629151
BY ADV. SRI.C.RAJENDRAN
RESPONDENT/S:
1 PUBLIC PROSECUTOR
HIGH COURT OF KERALA
682031
2 STATION HOUSE OFFICER,
KARUNAGAPALLY POLICE STATION,
KARUNAGAPLLY, KOLLAM DISTRICT - 690518
3 INDU, D/O SURENDRAN NARIR
KRISHNA NIVAS,
AADINADU SOUTH,
AADINADU VILLAGE,
KARUNAGAPALLY, KOLLAM DISTRICT- 690518
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.RENJITH.T.R, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.08.2020, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.4652 OF 2020
2
P.V.KUNHIKRISHNAN, J.
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B.A.No. 4652 of 2020
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Dated this the 7th day of August, 2020
ORDER
This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
2. The petitioners are the accused in Crime No. 1119 of 2020 of Karunagapally Police Station, Kollam District. The above case is registered against the petitioners alleging offences punishable under Sections 120 (b), 420, 495, 496, 503, 506, & 497 of the Indian Penal Code (IPC).
3. The prosecution case is that the 1st petitioner is the husband of the defacto complainant. The Petitioners No. 2 & 3 are the mother and sister of the 1 st petitioner. The petitioner married the defacto complainant on 19.10.2008. The allegations of the defacto complainant is Bail Appl.No.4652 OF 2020 3 that the 1st petitioner had already married and the same is suppressed to the defacto complainant at the time of her marriage. Hence, it is alleged that the petitioners committed the offence.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned counsel for the petitioners submits that, even if, the entire allegations are accepted. No offence is made out against the petitioners. The learned counsel submitted that there is a specific bar in Section 198 Cr.P.C to register an FIR by the police under Section 495, 496, & 497 of the IPC. The learned counsel also submitted that the offence under Section 420 of the IPC is not made out even if, the entire allegations are accepted.
6. The learned Public Prosecutor opposed the bail application. He also submitted that, even though Section 498 A of the IPC is not specifically mentioned in Annexure A1 FIR, a reading of FIR, it is clear that the ingredients of Section 498 A of the IPC is also there. But the learned Public Prosecutor conceded that, it is a matrimonial Bail Appl.No.4652 OF 2020 4 dispute. The learned Public Prosecutor also submitted that if this Court is granting bail stringent conditions may be imposed.
7. After hearing both sides, I think this bail application can be allowed on stringent conditions. Admittedly, this is a matrimonial dispute. Whether an offence under Section 420 of the IPC is made out in the facts and circumstances of this case is a matter to be investigated by the Police. Considering the entire facts and circumstance of this case, I think this bail application can be allowed on stringent conditions.
8. 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.
9. Moreover, it is a well accepted principle that, the Bail Appl.No.4652 OF 2020 5 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.
10. 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 three weeks from today and shall undergo interrogation;
2. After interrogation, if the Investigating Officer proposes 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 Bail Appl.No.4652 OF 2020 6 sum to the satisfaction of the officer concerned;
3. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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 petitioners shall not leave India without permission of the Court;
5. The petitioners 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 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.
Bail Appl.No.4652 OF 2020 7 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 LU