Siraj vs State Of Kerala

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

Petitioner is the accused in Crime No.770 of 2020 of Karinkunnam Police Station, Idukki. The above case is registered against the petitioner

alleging offences punishable under Sections 354, 354A IPC r/w. Section 8 of the Protection of Children from Sexual Offences Act.

The prosecution case is that on 11.9.2020 at about 1.40 p.m, the accused with sexual intent and also with intention to outrage the modesty of the

victim girl, stopped his motorcycle near the victim girl at a place near the bus stop at Gandhi Nagar in Purappuzha-Nediyasala road. After stopping the

motorcycle near the victim girl the accused has caught hold of the breast of the victim girl thrice. Hence, it is alleged that the accused committed the

offence. The accused was arrested on 15.9.2020.

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

The counsel for the petitioner submitted that the petitioner was arrested on 15.9.2020. The petitioner is entitled statutory bail because the final

report is not filed. The counsel submitted that the petitioner is ready to abide any condition, if this Court grant him bail.

The Public Prosecutor submitted that the draft charge is already submitted before the District Police Chief as per the report dated 19.11.2020 of the

investigating officer. As on that date, the final report is not filed before the court.

This Court dismissed the bail application of the petitioner earlier as per order dated 28.10.2020 in B.A. No.7023/2020 because the petitioner is

involved in five other cases and he is even convicted in some of the cases. But now the petitioner is entitled orders under Section 167(2) Cr.P.C

because even after 60 days of detention, the investigating officer was not able to complete the investigation. Therefore the petitioner is entitled

statutory bail.

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.