Allowed

Lincy Lalu v. State of Kerala

Kerala HC4 Aug 2020Bail Appl./1439/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application for a 19-year-old female accused in a serious violent crime case, subject to stringent conditions, considering her age, the spike in COVID-19, and the lack of specific overt acts alleged against her.

What did the court decide?

Bail granted on conditions including appearance before I.O. for interrogation, execution of bond with two sureties, no inducement or threats, no leaving India, abiding by social distancing norms, and

Lincy Lalu Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942

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Bail Appl..No.1439 OF 2020

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CRIME NO.73/2020 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED NO.4:

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LINCY LALU AGED 19 YEARS W/O. LALU, KANNANTHARA VELI HOUSE, KALAVOOR P.O., ALAPPUZHA.

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BY ADV. SRI.M.J.SANTHOSH

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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OTHER PRESENT:

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R1 BY SRI.AJITH MURALI, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A. No.1439 of 2020 2

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O R D E R

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Dated this the 4th day of August 2020

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This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

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2. The petitioner is the 4^th accused in Crime No.73 of 2020 of Central Police Station, Ernakulam District. The above case is registered alleging offences punishable under Sections 294(b), 341, 323, 326, 307, 506 r/w. Section 34 of the Indian Penal Code (IPC).

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3. The prosecution case is that, on 25.01.2020 at about 11.30 p.m., the petitioner along with the remaining accused wrongfully restrained the de facto complainant and his brother and stabbed them with a knife.

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4. Heard the learned counsel for the

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petitioner and the learned public prosecutor.

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B.A. No.1439 of 2020 3

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5. The learned counsel for the petitioner

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submitted that, the petitioner is the 4^th accused in this case. The petitioner is a girl aged 19 years. The allegations against the petitioner are not correct. The counsel submitted that, no specific overt act is alleged against the petitioner. The counsel submitted that, the petitioner is ready to abide any conditions, if this Court grants her bail.

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6. The learned Public Prosecutor seriously opposed the bail application. The public prosecutor submitted that, the injured in this case sustained very serious injuries all over the body. According to the public prosecutor, there are 11 injuries. It is submitted that, the 1^st accused is absconding.

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7. After hearing both sides, I think, this bail application can be allowed on stringent conditions. The petitioner is a girl aged 19 years. Serious overt act is attributed against the other accused. The allegation against the petitioner is that, she also participated in the incident. The

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B.A. No.1439 of 2020 4

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alleged incident happened on 25.1.2020. This bail application was filed on 20.2.2020. Even now, the police was not able to arrest the petitioner. Probably, the police may be waiting for the disposal of this bail application. Considering the entire facts and circumstances of the case and considering the fact that, the petitioner is a girl aged 19 years and also considering the fact that, no overt act is alleged against the petitioner, I think, this bail application can be allowed. I make it clear that, this order is applicable only to the petitioner herein and the bail application of the 1^st accused will be considered separately if any such application is filed by the 1^st accused.

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8. Moreover, considering the need to follow

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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

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B.A. No.1439 of 2020 5

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various salutary directions for minimizing the number of inmates inside prisons.

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9. 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.

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10. 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:

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1. The petitioner shall appear

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before the Investigating Officer

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within ten days from today and shall undergo interrogation;

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B.A. No.1439 of 2020 6

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2. After interrogation, if the Investigating Officer proposes to arrest the petitioner, she 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

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sum to the satisfaction of the officer concerned;

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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

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the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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4. The petitioner shall not

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leave India without permission of the Court;

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5. The petitioner shall not

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commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

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6. The petitioner shall strictly

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abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic;

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7. The petitioner shall appear before the Investigating Officer on all Mondays' at 10 a.m. till a final report in Crime No.73 of 2020 of Central Police Station, Ernakulam is filed.

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8. If any of the above

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conditions are violated by the

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B.A. No.1439 of 2020 8

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petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.

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Sd/-

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P.V.KUNHIKRISHNAN