Gopakumar vs State Of Kerala

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

Petitioner is the accused in Crime No.1123 of 2020 of Vadakkanchery Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 354 and 452 of IPC. The offence under Section 10 r/w 9(n) of the Protection of Children from Sexual Offences

Act is also alleged.

The prosecution case is that the petitioner sexually abused the victim girl aged 15 years who is a distant relative of the petitioner on 18.10.2020 at

about 12.45 p.m.. The F.I statement is given on 22.11.2020. The petitioner was arrested in connection with the above case on 3.12.2020.

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

The counsel for the petitioner submitted that this is a false case foisted against the petitioner. The counsel submitted that there is a civil dispute

between the family of the petitioner and the family of the victim. The case number is mentioned as O.S. 42/1996 in the bail application. The counsel

submitted that because of this enmity, this false case is foisted against the petitioner. The counsel submitted that the petitioner is ready to abide any

conditions if this Court grant him bail.

The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner is aged 44 and the victim is aged 15

years. The Public Prosecutor submitted that the allegation against the petitioner is very serious.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. The petitioner is in custody from 3.12.2020 onwards.

There is an allegation that some civil dispute is pending between the family of the petitioner and the family of the victim. The case number is also

mentioned in the bail application. I don't want to make any observation on the merit of the case. I cannot decide the same also because I am

considering a bail application under Section 439 Cr.P.C. But it is a fact that the allegation now raised by the victim against the petitioner is very

serious. But the Public Prosecutor conceded that there is no medical evidence to support the case. Considering the entire facts and circumstances of

the case and also considering the fact that the accused is in custody from 3.12.2020 onwards, I think, this bail application can be allowed on stringent

conditions. But I make it clear that the the petitioner shall not enter the jurisdictional limits of Vadakkanchery Police Station for a period of three

months or till the final report is filed whichever is earlier. Considering the entire facts and circumstances of this 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.

The petitioner shall not enter the jurisdictional limit of Vadakkanchery Police Station for a period of three months or till the final report is filed

whichever is earlier.

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.