Amal Madhav vs State Of Kerala

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

Petitioner is the accused in Crime No.600 of 2020 of Walayar Police Station. The above case is registered against the petitioner alleging offences

punishable under Sections 14 r/w Section 13(a) (c), 15 (1) (2) of the Protection of Children from Sexual Offences Act 2012 and Section 67B of the

Information Technology Act.

The prosecution case is that, the accused who has got acquaintance with the victim girl aged 16 years, obtained her nude photos in his mobile

through Whatsapp call by influencing the girl and thereafter circulated the same into the mobile phone of other persons. Hence it is alleged that the

petitioner committed the offences.

Heard the counsel for the petitioner and the learned Public Prosecutor.

The counsel for the petitioner submitted that even if the entire allegations are accepted, the offences alleged against the petitioner are not made out.

The counsel submitted that as per the statement of the victim girl, it is another person who obtained the nude photographs of the girl by persuading her

to participate in a video game. The counsel submitted that the petitioner has no involvement in this case.

The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that a nude photo of a minor girl is circulated by the petitioner

and the petitioner is the main accused .

After hearing both sides, I think this Bail Application can be allowed on stringent conditions. Admittedly, the petitioner is a boy aged only 19 years.

The victim is aged 16 years. The petitioner and the victim are friends. I don't want to make any observation on the merit of the case. The maximum

punishment that can be imposed for the offences under Section 13 (a) (c) of the POCSO Act is five years. The maximum punishment that can be

imposed for the offences under Section 15 (1) (2) of the POCSO Act is only three years. Similarly, the maximum punishment that can be imposed for

the offences under Section 67 B of the IT Act is only five years. Considering the entire facts circumstances of the case and considering the fact that

the petitioner is aged only 19 years, 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:

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

After interrogation, if the Investigating Officer propose 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.

Petitioner shall not leave India without permission of the Court.

Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which she 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.