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Judgment
This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.
Petitioner is the accused in Crime No.506 of 2020 of Kodumon Police Station, Pathanamthitta. The above case is registered against the petitioner
alleging offences punishable under Section 376 (2) (f) of the IPC.
The admitted prosecution case is that, on 22.09.2020 at about 1.00 p.m., the accused who is the volley ball trainer of the victim committed rape
against her at a rubber plantation situated at Kodumon village by threatening her that he will show her nude photographs to everyone.
Heard the counsel for the petitioner and the learned Public Prosecutor.
When this bail application came up for consideration, the counsel for the petitioner submitted that the petitioner is in custody for about 89 days. The
Public Prosecutor submitted that the investigation in this case is over and final report is filed. In such circumstances, according to me there is no
purpose for keeping the petitioner in custody. The apprehension of the Public Prosecutor is that he will try to influence the witnesses. Therefore there
can be a direction to the petitioner not to enter the jurisdictional limits of the Kodumon Police Station, Pathanamthitta for a period of three months.
With that condition, I think, the petitioner can be released on bail with other usual 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 jurisdictional limits of the Kodumon Police Station, Pathanamthitta for a period of three moths or till the final report
is filed whichever is earlier.
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.