P.P. Narayanan vs State Of Kerala

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

Pe titioner is the accused in Crime No.954 of 2020 of Thaliparamba Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 450, 354A(1) (i) of the IPC and Section 4 r/w 3(b), 6r/w 5(l) (m), 8r/w 7, 10 r/w 9(l)(m) and 12 r/w 11(vi) of the

Protection of Children from Sexual Offences Act. It is alleged that the petitioner sexually abused a girl aged 8 years who is his neighbour.

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

The Public Prosecutor opposed the bail application. But the Public Prosecutor submitted that if this Court is grating bail stringent conditions may be

imposed. It is true that the allegation against the petitioner is very serious. The learned Public Prosecutor opposed the bail application seriously

because the allegation against the petitioner is that the petitioner abused a child aged 8 years. But considering Annexures-2 to 4, which are the medical

records of the petitioner, I think this bail application can be allowed on conditions. The Public Prosecutor also submitted that the investigation in this

case is over and the final report is already filed before the court concerned. In such circumstances, I think this bail application can be allowed on a

condition that the petitioner shall not enter the residential building where the victim is staying.

After hearing both sides, I think this Bail Application can be allowed on conditions. Considering the entire facts and circumstances of the case, I

think, the petitioner can be released on bail on 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 residential building where the victim is staying.

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.