Abdhul Khader vs State Of Kerala

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

The petitioner is the accused in Crime No.1145 of 2020 of Balussery Police Station, Kozhikode District. The above case is registered against the

petitioner alleging offences punishable under Section 509 of the Indian Penal Code (IPC) and Section 12 r/w. Section 11 of the Protection of Children

from Sexual Offences Act (POCSO Act). Section 75 of the Juvenile Justice (Care and Protection of Children) Act is also alleged against the

petitioner.

When the above case came up for consideration, the learned Public Prosecutor submitted that, the offence alleged against the petitioner under the

POCSO Act is deleted and only the non-bailable offence now alleged against the petitioner is under Section 75 of the Juvenile Justice (Care and

Protection of Children) Act.

Heard the learned counsel for the petitioner and the learned public prosecutor.

After hearing both sides, I think, this bail application can be allowed on stringent conditions.

Admittedly, the only non-bailable offence now alleged against the petitioner is under Section 75 of the Juvenile Justice (Care and Protection of

Children) Act. Whether in the facts and circumstances of this case, the offence under Section 75 of the Juvenile Justice (Care and Protection of

Children) Act is attracted or not is a matter to be investigated by the investigating officer. Considering the entire facts and circumstances of this case,

I think, this bail can be allowed on stringent conditions.

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.

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.

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:

The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

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;

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;

The petitioner shall not leave India without permission of the Court;

The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

The petitioner shall strictly 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;

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.