Jayaseelan 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.499/2021 of Malayinkeezhu Police Station. The above case is registered against the petitioner alleging

offence punishable under Section 354 of the Indian Penal Code. The offences punishable under Section 7 and 8 of the POCSO Act is also alleged.

The prosecution case is that in the after noon of 15.10.2020, the victim was alone at home. According to the prosecution, the petitioner came to the

home enquring the mother of the victim and sat near the victim. Then the petitioner was massaged her right thigh and caught hold her private parts

beneath her dress. When the victim objected, the petitioner left the place.

Heard the learned counsel for the petitioner and the learned Public Prosecutor . The counsel for the petitioner submitted that it is a false case

foisted against the petitioner. The petitioner is the landlord of the house in which the victim and her mother is residing. There is a dispute about the

payment of rent. The counsel submitted that the incident happened on 15.10.2020 and the first information statement was filed only 23.01.2021. There

is absolutely no explanation for the inordinate delay in filing the complaint. This itself shows the falsity of the case. The Public Prosecutor opposed the

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

After hearing both sides, I think this Bail Application can be allowed on stringent conditions. I perused the FIR and other connected records. The

alleged incident happened on 15.10.2020 and the first information statement was given only on 24.03.2021. According to the petitioner, he is the

landlord in which the victim is residing and there is some dispute about the payment of rent with the parents of the victim. I do not want to make any

observation about the merit of the case. The petitioner produced certain medical records which would show that he is suffering from serious heart

ailments. Considering the entire facts and circumstances of the case, this Bail Application is allowed on stringent conditions.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd

wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail applications. The life is more important

than anything. Therefore, I am considering this bail application based on the above pandemic situation.

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. These happened during the

1st wave of COVID-19 season.

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 on 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.