Mohammed Aboo Saleh vs State Of Kerala And Anr

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

Petitioner is the accused in Crime No.710 of 2020 of Thrikkakara Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 354, 354 (D), 506(I) IPC, Section 119(b) of the Kerala Police Act and Section 66E and 67A of the Information

Technology Act.

The prosecution case in brief is that accused who is a design engineer at NEST SFO Technologies, CSEZ, with an intention to outrage the modesty

of de facto complainant, embraced her at the staircase in the first floor of the building. It is also alleged that the petitioner followed her and threatened

to cause her job lost and to morph her photos taken in the festive occasions there.

Heard the senior counsel Sri.T.M.Mohammed Yusuf appeared for the petitioner and the learned Public Prosecutor.

The senior counsel submitted that the petitioner is arrested in this case on 2.11.2020. The counsel submitted that even if the entire allegations are

accepted, the offence under Section 354 IPC is not made out. The senior counsel also submitted that the other offences under the Information

Technology Act is also prima facie not made out in this case. 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. But Public Prosecutor submitted that, if this Court is granting bail, stringent conditions may be

imposed.

After hearing both sides, I think this bail application can be allowed on stringent conditions. I do not want to make any observation about the merit

of the case. The petitioner is arrested on 2.11.2020. He is in custody even now.

Considering the entire facts and circumstances of the case and considering the detention period of the petitioner, 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.