Jomon 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.917/2020 of Nedumkandam Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 354, 354A, 447, 294(b) and 323 IPC.

The prosecution case is that on 6.10.2020 at about 5.15 pm, the petitioner trespassed upon the courtyard of Illickal House at Manjappara-

Kurisupara at Manappara Kara and thereafter abused the defacto complainant. It is alleged that the accused rubbed on the breast and outraged the

modesty of the defacto complainant. It is also alleged that the accused assaulted the defacto complainant.

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

The counsel for the petitioner submitted that the husband of the defacto complainant took Rs.1000/- from the petitioner for buying liquor. But the

liquor was not purchased. The amount was not returned. When the amount was demanded, the husband of the defcto complainant picked up quarrel

with the petitioner. Because of the same, a false case is registered against the petitioner. The counsel submitted that the only non bailable offence

alleged against the petitioner is under Section 354 IPC. The counsel submitted that even if the entire allegations accepted, the offence under Section

354 IPC is not made out.

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

The Public Prosecutor made available the wound certificate of the defacto complainant.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. The only non bailable offence alleged against the

petitioner is under Section 354 IPC. Whether the offence under Section 354 IPC is made out, is a matter to be investigated. I don't want to make any

observation about the merit of the case. I perused the wound certificate of the injured in this case. No external injury is noted by the doctor and only

pain is noted in the wound certificate. 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:

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 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.