Anukrishnan M @ Kichu vs State Of Kerala

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

Petitioner is the accused in Crime No.137 of 2020 of Bedakom Police Station. The above case is registered against the petitioner alleging offences

punishable under Sections 14(1), 15(2) and 13(c) of the Protection of Children from Sexual Offences Act (for short 'POCSO Act').

The prosecution case is that on 26.3.2020, the petitioner/accused published the face and naked body up to the shoulder of the de facto complainant

who is aged 17 years in facebook and stored the same in his cell phone with an intention to publish the same in social media and thereby committed

the above 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 offence under Sections 14 and 15 of the POCSO Act is

not attracted. The counsel submitted that to attract Section 14(1) the prosecution has to prove that the petitioner uses child for pornographic purposes.

The counsel submitted that even if the entire allegations are accepted, there is no such case alleged by the prosecution. The counsel submitted that as

far as Section 15(2) of the POCSO Act is concerned, the maximum punishment that can be imposed is only three years. The counsel submitted that

the petitioner is in custody from 26.10.2020 onwards. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him

bail.

The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the allegations against the petitioner are very serious and

the victim in this case is minor girl.

After hearing both sides, I think this bail application can be allowed on stringent conditions. The petitioner is in custody from 26.10.2020 onwards.

Whether the offences under Sections 14 & 15 of the POCSO Act is attracted or not is a matter to be investigated by the Investigating Officer. I do

not want to make any observation about the merit of the case.

Considering the entire facts and circumstances of the case, 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.

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.