Alhad K vs State Of Kerala And Ors

This Bail Application is filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

Petitioner is the accused in Crime No.323 of 2020 of Vanchiyoor Police Station, Thiruvananthapuram. The above case is registered against the

petitioner alleging offences punishable under Sections 354A(ii)(iv), 354(D), 509, 465, 468, 471 r/w. 34 IPC. The accused was arrested on 25.11.2020

and he is in judicial custody.

The prosecution case is that on 6.6.2019, the accused sent messages to the mobile phone of the informant promising to secure admission to the

daughter of the informant for MBBS and also assured that he will get admission at KIMS and Ramaiah College of Karnataka. It is the case of the

informant that he transferred to the accused an amount of Rs.10,70,000/- for the purpose of her daughter's admission. The admission was not

arranged by the petitioner. Thereafter, an amount of Rs.3,00,000/- is returned. The balance amount is not paid. This is the prosecution case in nut

shell.

Heard the counsel for the petitioner and the Public Prosecutor.

The counsel for the petitioner submitted that this is only a monetary dispute between the petitioner and the de facto complainant. The petitioner

admit the receipt of the amount. According to him, the daughter of the de facto complainant was not eligible to get admission. Thereafter, the de facto

complainant is demanding damages in addition to the amount received. The counsel submitted that no criminal offence is made out in this case.

The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that originally the offence under Section 420 IPC was

registered against the petitioner and subsequently the other offences are added because forged documents were produced by the petitioner.

After hearing both sides, I think this bail application can be allowed on stringent conditions. The petitioner is in custody from 25.11.2020 onwards. It

is a fact that the receipt of the amount is admitted by the petitioner and a part payment is already made by him. The de facto complainant says that

there is balance amount to be paid. In such situation, whether the offence under Section 420 IPC or any other offence is made out is a matter to be

investigated by the Investigating Officer. I do not want to make any observation about the merit of the case. Since the petitioner is in custody from

25.11.2020 onwards, I think this bail application 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:

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.

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.

Petitioner shall not leave India without permission of the jurisdictional Court.

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.

The petitioner shall appear before the Investigating Officer on all Mondays at 10 a.m for a period of two months.