Kerala High Court
Venu K V vs State Of Kerala on 16 September, 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
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
Bail Appl..No.5784 OF 2020
CRIME NO.722 OF 2020 OF BALUSSERY POLICE STATION, KOZHIKODE
PETITIONER/S:
VENU K V
AGED 57 YEARS
ARAYIDATHU VAYAL,
KINALUR,
BALUSSERY,
KOZHIKODE - 673612
BY ADV. SRI.NIDHI BALACHANDRAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM - 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.RENJITH.T.R, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.5784 of 2020
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P.V.KUNHIKRISHNAN, J.
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B.A.No.5784 of 2020
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Dated this the 16th day of September, 2020
ORDER
This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.
2. The petitioner is the accused in Crime No.722 of 2020 of Balussery Police Station, Kozhikode District. The allegation against the petitioner now is under Section 304 IPC and Section 75 of the Juvenile Justice Act. The petitioner was arrested on 20.07.2020 and he is in custody from that date onwards.
3. The prosecution case is that, on 18.07.2020 at about 23.33 hours the accused came to his house. The wife and children of the accused questioned about the delay of the arrival of the accused. When the deceased son of the petitioner intervened the accused pushed him B.A.No.5784 of 2020 3 down by which the child became unconscious. Subsequently, the child was taken to hospital. But he was declared as dead. Hence, the above offences are alleged against the petitioner.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that, the petitioner is in custody from 20.07.2020 onwards. Even if the entire allegations are accepted, the learned counsel submitted that, the offence alleged are not attracted in this case. The learned counsel submitted that, the only overtact alleged against the petitioner is that, in a sudden provocation, the petitioner pushed his son and he fell down. The learned counsel also submitted that, the petitioner is ready to abide any conditions, if this Court grant him bail.
6. The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor produced a bail objection report submitted by the Station House Officer, Balussery Police Station, Kozhikode District. The learned B.A.No.5784 of 2020 4 Public Prosecutor submitted that, the petitioner may not be released on bail at this stage.
7. After hearing both sides, I think this bail application can be allowed on stringent conditions. The petitioner is in custody from 20.07.2020 onwards. The only allegation against the petitioner is that, the petitioner pushed his son and he fell down. A perusal of the bail objection report filed by the Station House Officer, Balussery Police Station, it is stated in it that, the Investigating Officer obtained the post mortem report. The relevant portion of the report of the SHO is extracted here under.
" from autopsy findings, it is clear that, there were no external or internal injuries on the body and death is due to complications of Cerebral compression (Epilepitic seizure - sudden unexpected death in Epilepitic) precipitated by the emotional stress and excitement."B.A.No.5784 of 2020
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8. I do not want to make any observations about the merit of the case. Considering the entire facts and circumstances of this case and considering the period of detention of the petitioner, I think, this bail application can be allowed on stringent conditions.
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 B.A.No.5784 of 2020 6 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 be released on bail on 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 police officer;
3. The petitioner shall not leave India B.A.No.5784 of 2020 7 without permission of the jurisdictional Court;
4. The 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;
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;
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 LU