Sangeeth @ Chinnukuttan vs State Of Kerala

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

Petitioner is the 3rd accused in Crime No.1638/2020 of Parippally Police Station. The above case is registered against the petitioner alleging

offences punishable under Sections 341, 506, 363 and 511 of 377 r/w 34 IPC. The offence under Sections 7 and 8 of the Protection of Children from

Sexual Offences Act is also alleged against the petitioner. Petitioner was arrested on 6.9.2020 and he is in custody.

The prosecution case is that on 30.8.2020 at 7 pm, while the defacto complainant, who is a boy aged 14 years, returning home from a shop, the

petitioner along with other accused wrongfully restrained the defacto complainant and the 2nd accused in the crime had caught hold of the defacto

complainant on his hand and the petitioner had covered the mouth of the defacto complainant using hands and forcefully taken to a nearby bush and

the 2nd accused had torn off the dress worn by the defacto complainant and the accused tried to commit unnatural offence.

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

The counsel for the petitioner submitted that as far as the petitioner, who is the 3rd accused in this case is concerned there is no serious allegation.

The counsel submitted that the petitioner was arrested on 6.9.2020 and he is in custody for the last 73 days. The counsel submitted that the petitioner

is ready to abide any condition, if this Court grant him bail.

The Public Prosecutor opposed the bail application.

The Public Prosecutor submitted that the petitioner is also actively involved in this case. But the Public Prosecutor submitted that if this Court is

granting bail to the petitioner, stringent conditions may be imposed.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. It is true that the allegations against the petitioner are

very serious. But compared to the allegation of 1st and 2nd accused, the allegation against the petitioner is less. Moreover, the petitioner is custody

from 6.9.2020 onwards.

Considering the entire facts and circumstances, I think, this bail application can be allowed on stringent conditions. I also make it clear that the

petitioner shall not enter the jurisdiction limit of Parippally Police Station till the final report is filed in Crime No.1638/2020.

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 jurisdiction limit of Parippally Police Station till final report is filed in Crime No.1638/2020.

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.