The principle that bail is the rule and imprisonment is the exception, particularly under circumstances requiring compassion and public health considerations.

O R D E R

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.929/2019 of Chavara Police Station. The above case is registered against the petitioner alleging offences punishable under Section 406 , 420 r/w Section 34 of the Indian Penal Code . 3. The prosecution case is that the accused, six in number, with intention to cheat the defacto complainant, grabbed huge amount from the defacto complainant under the false pretext of giving him work Visa and job Visa in Israel.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submitted that the petitioner is in custody from 09.03.2021 onwards. The counsel submitted that the petitioner is a lady and she is having small kids. The counsel submitted that the petitioner is ready to abide by any conditions, if this Court grant her bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that there are other cases also registered against the petitioner with similar allegations. The Public Prosecutor submitted that the petitioner may not be released on bail at this stage.

5. The petitioner is in custody from 09.03.2021 onwards. It is true that the allegation against the petitioner is serious. It is also a fact that some other cases are also registered against the petitioner. But the fact remains that the defacto complainant in this case has given huge amount to the accused for getting Visa. It is not clear whether such payment is permissible in law for getting Visa. I do not want to make any observation about the merit of the case. The petitioner is a lady. She is in custody from 09.03.2021 onwards. The apprehension of the prosecution that she will abscond after getting bail can be redressed by directing her to surrender her passport, if any. I think, with such a direction, this Bail Application can be allowed.

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 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