IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
Bail Appl..No.99 OF 2021
CRIME NO.1446/2020 OF Koraty Police Station , Thrissur
PETITIONER:
SANTHOSH BEHERA
AGED 39 YEARS
KRISHNANNANDPUR,
JAGATSINGHPUR DISTRICT,
ODISHA-75413
NOW RESIDING AT VAPPARAMBIL,
VAZHICHAL, THIRUVANANTHAPURAM
695125
BY ADV. SRI.THOMAS J.ANAKKALLUNKAL
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM
PIN-682031
SMT.REKHA.C.NAIR, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.99 of 2021 2
P.V.KUNHIKRISHNAN, J
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B.A.No.99 of 2021
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Dated this the 6th day of January, 2021
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code was heard through Video Conference.
2. Petitioner is the accused in Crime No.1446 of 2020 of Koratty Police Station, Thrissur. The above case is registered against the petitioner alleging offences punishable under Sections 354 and 509 IPC. The offence under Sections 9, 10,11 and 12 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act') is also alleged.
3. The prosecution case is that the accused with sexual intention enticed and took the victim aged 5 years to a rented premises where he resides at Vazhichal, Vaparambu in Koratty, Thrissur. It is also alleged that the accused exhibited his nakedness displayed nude pictures in his mobile phone to the child. It is alleged that the accused committed sexual offence. B.A.No.99 of 2021 3
4. Heard the counsel for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner is in custody from 28.10.2020 onwards. Now 60 days over. No final report is filed. The counsel submitted that the petitioner is entitled statutory bail under Section 167 Cr.P.C.
6. The Public Prosecutor conceded that the final report is not filed even now. The Public Prosecutor submitted that the draft charge is now prepared and submitted before the authorities.
7. After hearing both sides, I think the petitioner in this case is entitled bail uder Section 167 Cr.P.C. Admittedly, the petitioner was arrested on 28.10.2020. He is in custody for more than 60 days. Final report is not filed even now. In such circumstances, I think the petitioner is entitled statutory bail. Therefore, this bail application is allowed.
8. 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 B.A.No.99 of 2021 4 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.
9. 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.
10. 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:
1. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each B.A.No.99 of 2021 5 for the like sum to the satisfaction of the jurisdictional Court.
2. 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.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. 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.
5. The petitioner shall strictly abide by the various guidelines issued by the State B.A.No.99 of 2021 6 Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic.
6. 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.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE cms