Sankaran @ Sankaranarayanan vs State Of Kerala

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

Petitioner is the accused in Crime No.402 of 2020 of Sreekrishnapuram Police Station, Palakkad. The above case is registered against the petitioner

alleging offence punishable under Section 376(1) IPC. The petitioner was arrested on 15.11.2020.

The prosecution case is that in the month of February, 2020 at about 12 noon, the petitioner committed rape on the victim from a vacant plot at

Thanikunnu, Pookottukavu. Subsequently, the victim delivered a child on 7.11.2020. Thereafter, the victim filed a complaint on 11.11.2020 alleging that

the petitioner committed rape. The petitioner was arrested on 15.11.2020 and he is in custody from that date onwards.

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

The counsel for the petitioner submitted that even if the entire allegations are accepted, the offence under Section 376 IPC is not made out. The

counsel submitted that the victim in this case is a divorcee and she had 3 children in her earlier marriage. The counsel submitted that even if the entire

allegation in the First Information Statement is accepted, the offence under Section 376 IPC is not made out. The counsel submitted that there may be

a relationship between the petitioner and the victim. That will not attract the offence under Section 376 IPC. The counsel submitted that the petitioner

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

The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the allegations against the petitioner are very serious. The

Public Prosecutor submitted that the petitioner was arrested only on 15.11.2020.

After hearing both sides, I think this bail application can be allowed on stringent conditions. The counsel for the petitioner read out the contents in

First Information Statement. I do not want to make any observation about the merit of the case.

Considering the entire facts and circumstances of the case and considering the detention period of the petitioner, 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.