IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 3269 OF 2022
CRIME NO.94/2021 OF Kallambalam Police Station, Thiruvananthapuram
PETITIONERS:
1 SHINAS C
AGED 22 YEARS
SON OF JALEEL, CHERAPARAMBIL HOUSE,
THOTTAKKARA, OTTAPALAM, PALAKKAD DISTRICT, PIN - 686672
2 FARHATHULLAH
AGED 21 YEARS
SON OF ABDUL SALAM, PALLITHERI VEEDU,
OTTAPALAM, PALAKKAD DISTRICT, PIN - 679101
3 EBRAHIM BADHUSHA
AGED 24 YEARS
SON OF ASHARAF P.S, PULINCHOTTIL HOUSE,PULICKAPARAMBIL,
OTTAPALAM, PALAKKAD DISTRICT., PIN - 679101
BY ADV NIREESH MATHEW
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031
SRI.VIPIN NARAYAN, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3269 OF 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3269 of 2022
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Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. Petitioners are the accused in Crime No.94 of 2021 of Kallambalam Police Station. The above case is registered against the petitioners and others alleging offences punishable under the Indian Penal Code and also under various Sections of POCSO Act. Petitioners were arrested on 25.03.2022.
3. The prosecution case is that the accused procured nude photographs and videos of the survivor through social media chat by constantly following her through the same. It is also alleged that the accused also made the child to do self penetrative sexual acts and thereby the accused committed the offence.
BAIL APPL. NO. 3269 OF 2022 3
4. Heard counsel for the petitioners and the Public Prosecutor. The counsel for the petitioners submitted that the petitioners are in custody from 25.03.2022. The learned counsel for the petitioners submitted that there is no criminal antecedents to the petitioners. The counsel for the petitioners submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The counsel for the petitioners submitted that the petitioners are youngsters and they may not be detained in jail indefinitely. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the allegation against the petitioners are grave in nature. It is also alleged that all the accused have close acquaintance together for committing the offences. It is true that the allegation against the petitioners are very serious. But the petitioners are in custody from 25.03.2022. It is a case registered in 2021 and the investigation of the case is in the final stage. In such circumstances, the continued detention of the petitioners may not be BAIL APPL. NO. 3269 OF 2022 4 necessary for completing the investigation. The bail can be granted to the petitioners on condition that if the petitioners commit similar offence, the prosecution or the victim can approach the jurisdictional Court to cancel the bail order.
5. 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 in as much 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.
6. 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. Petitioners shall be released on bail BAIL APPL. NO. 3269 OF 2022 5 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.
2. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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/her from disclosing such facts to the Court or to any police officer.
3. Petitioners shall not leave India without permission of the jurisdictional Court.
4. Petitioners shall not commit an offence similar to the offence of which they BAIL APPL. NO. 3269 OF 2022 6 are accused, or suspected, of the commission of which they are suspected.
5. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above conditions.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE np BAIL APPL. NO. 3269 OF 2022 7 APPENDIX OF BAIL APPL. 3269/2022 PETITIONERS' ANNEXURES:
Annexure1 TRUE PHOTO COPY OF THE ORDER PASSED BY THE ADDITIONAL SESSIONS JUDGE FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN, THIRUVANANTHAPURAM IN CRL.MP.NO.664/2022 DATED 01.04.2022 RESPONDENT'S ANNEXURES: NIL