Bail is the rule, not the exception; public health considerations may justify granting bail even in serious criminal allegations.

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.659/2021 of Thiruvalla Police Station. The above case is registered against the petitioner and others alleging offences punishable under Secs. 143, 147, 148, 294(b), 324 and 452 of the IPC.

3. The prosecution case is that the petitioner and the others accused formed themselves into an unlawful assembly and attacked the defacto complainant after trespassing into his residential house.

4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner has not involved in the case. The counsel also submitted that the betrothal ceremony of the petitioner is on 16.5.2021 and his marriage is also scheduled on 25.1.2021. The only non-bailable offence alleged is under Sec. 452 of the IPC. The Public Prosecutor opposed the bail application.

5. After hearing both sides, I think this bail application can be allowed on stringent conditions. The only non-bailable offence alleged against the petitioner is under Sec.452 IPC. Whether the offence under Sec. 452 IPC is made out or not is a matter to be investigated by the investigating officer. I don't want to make any observation about the merit of the case. Considering the facts and circumstances of this 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 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 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 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 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 petitioner shall not leave India without permission of the Court;

5. The petitioner shal