Kerala High Court
Manoharan vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 3025 OF 2024
CRIME NO.293/2024 OF SAKTHIKULANGARA POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
MANOHARAN,
AGED 55 YEARS,
S/O. JANARDHANAN, KANNANNOOR VEEDU, MEENATHU CGERRY,
SAKTHIKULANGARA VILLAGE, KOLLAM, PIN - 691581
BY ADVS.
C.RAJENDRAN
R.S.SREEVIDYA
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PUBLIC PROSECUTOR SEENA C
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3025 OF 2024
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3025 of 2024
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Dated this the 16th day of April, 2024
ORDER
The petitioner is the sole accused in Crime No.293 of 2024 of Sakthikulangara Police Station, Kollam District. The above case is registered against the petitioner alleging offences punishable under Sections 294(b), 354A(1), (iii) of IPC and Section 12 r/w 11(1) of the POCSO Act.
2. The prosecution case is that on 31.03.2024 at 07.00 pm, the accused used vulgar language and displayed sexual lewdness against the defacto complainant. Hence, it is alleged that the petitioner committed the offence. The petitioner was arrested on 01.04.2024.
3. Heard the counsel for the petitioner and the Public Prosecutor.
4. The counsel for the petitioner submitted that even if the allegations are accepted, no offence is made out. The counsel submitted that the petitioner is ready to abide any conditions if this BAIL APPL. NO. 3025 OF 2024 3 Court grant him bail. The Public Prosecutor opposed the bail application.
5. This Court considered the contentions of the petitioner and the learned Public Prosecutor. After hearing both sides, this bail application can be allowed on stringent condition, because the petitioner is in custody from 01.04.2024. I make it clear that if the petitioner commit similar offence, the investigating officer can file appropriate application before the jurisdictional court to cancel the bail and the jurisdictional court can consider the same, even if this bail order is passed by this Court.
6. 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.
7. 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 BAIL APPL. NO. 3025 OF 2024 4 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 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 they are accused, or suspected, of the commission of which he is suspected.
5. The petitioner shall appear before the investigating officer on all Mondays till final report is filed.
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 msp BAIL APPL. NO. 3025 OF 2024 5 APPENDIX OF BAIL APPL. 3025/2024 PETITIONER ANNEXURES Annexure A 1 A TRUE COPY OF THE REMAND APPLICATION OF THE ACCUSED IN CRIME NO.293/2024 OF THE SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT Annexure A2 A TRUE COPY OF THE MASS PETITION SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION DATED NIL