Rahul P vs State Of Kerala

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

Petitioner is the sole accused in Crime No.2242 of 2020 of Kadakkavoor Police Station. The above crime is registered against the petitioner alleging

offences punishable under Sections 363, 363A and 337 of the IPC and Section 7 & 8 of the POCSO Act.

The admitted prosecution case is that, on 29.11.2020 at about 12.30 midnight, the petitioner kidnapped the minor victim girl aged 14 years and

committed sexual assault. The further case of the prosecution is that when the petitioner was taking this victim in a motor bike they met with an

accident. It is alleged that the petitioner kissed the victim when he saw the victim. This is the allegation as far as the sexual assault is concerned. The

petitioner was arrested on 29.11.2020.

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

After hearing both sides, and considering the fact that the petitioner was arrested on 29.11.2020, I think this Bail Application can be allowed on

stringent conditions. Admittedly, the case of the prosecution is that the petitioner is in love with the victim girl. The petitioner is aged 19 and the victim

girl is aged 14 years. I don't want to make any observation on the merit of the case. Considering the entire facts and circumstances of the case and

considering the period of detention, I think, the petitioner can be released on bail 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.