Bail is the rule, not the exception, particularly in circumstances of public health crises such as the COVID-19 pandemic.

O R D E R

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.221 of 2021 of Sasthamcotta Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 143, 147, 148, 294(b), 323, 324 and

308 read with Section 149 of the Indian Penal Code.

3. The prosecution case is that on 28.02.2021, at about 10.30 p.m., while the de facto complainant's friend Moni asked about the assault sustained by one Jayan, the second accused in the crime used abusive words and assaulted on the left cheek of the de facto complainant with his right hand. It is alleged that the accused attacked the injured using dangerous weapon. Hence, it is alleged that the accused committed the offence.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that it is a case and counter case. Annexure-1 is the FIR in the present case and Annexure-2 is the FIR in the other case. The learned counsel also submitted that Annexure-2 FIR was registered first and subsequently, Annexure-1 FIR is registered. The learned counsel further submitted that even if the entire allegations are accepted, the offence under Section 308 IPC is not made out. The learned Public Prosecutor opposed the bail application.

5. After hearing both sides, I think this bail application can be allowed on stringent conditions. It is a case and counter case. There are allegation and counter allegation about the same incident. This Court cannot decide about the correctness of the allegation while considering bail application under Section 438 Cr.P.C. Considering the entire facts and circumstances of the case, I think 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 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 inChidambaram 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 ten days from today and shall undergo interrogation;

2. After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail on 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 Off