Muhammed Navaf vs State Of Kerala And Ors

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

Petitioner is the accused in Crime No.728 of 2020 of Nattukal Police Station, Palakkad. The above case is registered against the petitioner alleging

offences punishable under Sections 450, 376 IPC and Section 4 r/w. Section 3(a), Section 10 r/w. Section 9(i) and Section 12 r/w. Section 11(iv) of

the Protection of Children from Sexual Offences Act (for short 'POCSO Act').

The prosecution case is that the petitioner a youth aged 20 years and the victim girl aged 17 years were in love. On 17.10.2020 at about 2 a,m the

petitioner went to the house of the victim by climbing the sunshade and he got access to the room of the victim girl. The victim girl opened the door of

her room. On that day there was sexual intercourse between the petitioner and the victim. Thereafter, on 13.11.2020 also the petitioner went to the

house of the victim and on that day the petitioner slept with the victim. Hence, it is alleged that the accused committed the offence.

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

The counsel for the petitioner submitted that the petitioner and the victim girl were in love. The counsel submitted that the allegations against the

petitioner are not correct. The parents of the victim girl are against the relationship between the petitioner and the victim. Therefore, this false

allegation is raised against the petitioner. The counsel also submitted that the victim girl is above 17 years and she is major in the eye of law. The

counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him bail. The counsel also submitted that the petitioner is in

custody from 18.11.2020.

The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the consent in this case is not a ground for bail, because

the victim is a minor girl. The Public Prosecutor submitted that the allegation against the petitioner are very serious and he may not be released on bail

at this stage.

Admittedly, the petitioner is aged 20 and the victim is aged 17. The admitted case of the victim is that she is in love with the petitioner. According to

her, the petitioner came to her room at midnight on 17.10.2020 by climbing the sunshade. She opened the door and the petitioner was with her in that

night. On 13.11.2020 also, the petitioner came to her room and the petitioner was with her in that room. I do not want to make any observation about

the merit of the case. The petitioner is in custody from 18.11.2020 onwards.

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.