IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
BAIL APPL. NO. 3238 OF 2022
CRIME NO.112/2022 OF Meppayur Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN CRMC 111/2022 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
VIOLENCE AG
PETITIONER/ACCUSED
RAVEENDRAN
AGED 53 YEARS
S/O.KUNHICHOYI, AGED 53 YEARS,
THAYYULLATHIL HOUSE,
KARAYADU P.O.,
KOZHIKODE DISTRICT
PIN - 673524
BY ADV K.P.SUDHEER
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
MEPPAYUR POLICE STATION,
MEPPAYUR, KOZHIKODE DISTRICT, PIN - 673524
BY ADV PUBLIC PROSECUTOR, SRI. VIPIN NARAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 3238 OF 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3238 of 2022
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Dated this the 6th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code.
2. Petitioner is the accused in Crime No.112 of 2022 of Meppayur Police Station. The above case is registered against the petitioner alleging offence punishable under Sections 451, 354 of IPC and Section 8 read with 7 of Protection of Children from Sexual Offences Act.
3. The prosecution case is that on 27.02.2022 in the night and in a day in the month of March, 2022, the accused has criminally trespassed into the house of the mother of the victim girl aged 16 years and attempted BAIL APPL. NO. 3238 OF 2022 3 to commit sexual assault. On 13.03.2022 at about 2.30 p.m., it is further alleged that he again criminally trespassed into the aforesaid house and caught on the breast of the victim girl over churidar top and also kissed on the breast with sexual intent and thereby outraged her modesty. The petitioner surrendered before the Court on 28.03.2022 and he is in judicial custody.
4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the petitioner has not committed any offence. The counsel submitted that the petitioner and the victim are neighbours. It is the case of the petitioner that the victim was having a love affair and her lover used to come to her house. The petitioner came to know about the relationship and he informed the same to her family. Aggrieved by the same, a false case is foisted against the petitioner is the contention. The counsel BAIL APPL. NO. 3238 OF 2022 4 also submitted that eventhough there is allegation that the petitioner outraged the modesty of the victim twice before 13.03.2022, no complaint has been lodged in the Police Station. The complaint was filed only on 23.03.2022. It is the case of the petitioner that there is no explanation for the delay in lodging the complaint. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that serious allegations are there against the petitioner and there is nothing to disbelieve the statement of the victim at this stage. It is true that allegation against the petitioner is very serious. But the petitioner is in custody from 28.03.2022 onwards. Investigation of the case is going on. In the circumstances, there can be a direction to the petitioner not to enter the jurisdictional limit of Meppayur Police Station for a period of 60 days or till final report is filed, whichever is earlier. With the above condition, the bail application can be allowed. BAIL APPL. NO. 3238 OF 2022 5
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. 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.
BAIL APPL. NO. 3238 OF 2022 6
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 not enter the jurisdictional limit of Meppayur Police BAIL APPL. NO. 3238 OF 2022 7 Station for a period of 60 days or till final report is filed by the Investigating Officer, whichever is earlier. The petitioner shall furnish the phone number and the details of his place where he is going to reside during the above period to the lower court and to the Investigating Officer.
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. 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 hmh BAIL APPL. NO. 3238 OF 2022 8 APPENDIX OF BAIL APPL. 3238/2022 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE ORDER DATED 04.04.2022 IN CRL.M.C.NO.111/2022OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS FOR TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE TOWARDS WOMEN AND CHILDREN, KOZHIKODE.