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Judgments of Supreme Court of India and High Courts

Hashim Ali vs State Of Kerala on 7 May, 2021

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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.3374 OF 2021

CRIME NO.0202/2021 OF Chandera Police Station , Kasargod

PETITIONER/S:

1 HASHIM ALI
AGED 39 YEARS
ASSANKADAN, ORIMUK,PADANNA VILLAGE, CHANDERA
KASARGOD, PIN-671312

2 RABIYA
AGED 57 YEARS
ASSANKADAN, ORIMUK, PADANNA VILLAGE,
CHANDERA 671312

BY ADV. SRI.P.K.SUBHASH

RESPONDENT/S:

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
682031

R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:

P.P.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:
B.A.No. .3374 of 2021 2

P.V.KUNHIKRISHNAN, J
——————————–
B.A.No.3374 of 2021
——————————-
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. The petitioners are the accused in Crime No.202/2021 of

Chandera Police Station, Kasaragod District. The above case is

registered against the petitioners alleging offences punishable under

Section 498A IPC.

3. The 1st petitioner is the husband of the defacto

complainant and the 2nd petitioner is the mother of the first petitioner.

It is alleged that the petitioners mentally and physically harassed the

defacto complainant.

4. Heard the counsel for the petitioners and the Public

Prosecutor. The counsel for the petitioners submitted that the offence

alleged against the petitioners is matrimonial offence and there is

some matrimonial disputes between the 1 st petitioner and the defacto

complainant. The counsel submitted that the petitioners are ready to
B.A.No. .3374 of 2021 3

abide any condition, if this Court grant them bail.

5. After hearing both sides, I think that the bail application

can be allowed on stringent conditions. Admittedly, the matrimonial

dispute is pending between the 1 st petitioner and the defacto

complainant. The offence alleged against the petitioners is

matrimonial offence. I do not want to make any observation on the

merit of the case. Considering the facts and circumstances of the

case, I think that 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
B.A.No. .3374 of 2021 4

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 petitioners shall appear before the

Investigating Officer within three weeks from today

and shall undergo interrogation;

B.A.No. .3374 of 2021 5

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 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 any

offence similar to the offence alleged in this case.

6. The petitioners shall strictly abide by the

various guidelines issued by the State Government
B.A.No. .3374 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 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
sd

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