Point of Law: Offence of Abetment - Bail Application - 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.

ORDER :

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

2. The petitioner is the accused in Crime No. 217/2021 of Hosdurg Police Station. Above case is registered against the petitioner alleging offences punishable under Secs. 326 r/w 34 of the IPC.

3. The prosecution case is that on 1.3.2021 at about 9.30 pm, while the defacto complainant is travelling on his motor cycle along the Manikoth-Kotta road in Ajanur village, accused Nos. 2 to 5 under abetment of the applicant and as a result of the conspiracy that was hatched by the applicant and the other accused in furtherance of common intention due to political reasons abetted the rest of the accused to pelt stones and mud on the defacto complainant as a result of which he lost his control and fell down from the motor cycle and sustained grievous hut on his leg.

4. Heard learned counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner is the 3rd accused and the 1st accused was already released on bail by this Court as per order dated 26.3.2021 under Sec.438 Cr.P.C. Annexure-A2 is the order. 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. But the Public Prosecutor submitted that the if this Court grant him bail in the light of Annexure-A2 order, stringent conditions may be imposed.

5. After hearing both sides, I think this bail application can be allowed on stringent conditions. In the light of Annexure-A2 order dated 26.3.2021 in BA No. 2458/2021, I see no reason to deny bail to the petitioner also.

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 1st 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 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 pr