Kerala High Court
Maneesh 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. 2524 OF 2024
CRIME NO.205/2024 OF ALATHUR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.1387 OF 2024 OF
DISTRICT COURT & SESSIONS COURT, PALAKKAD
PETITIONER/ACCUSED:
MANEESH,
AGED 23 YEARS
S/O. MANIKANDAN, KAZHANIKKAL HOUSE, KOSAMEDU,
MUDAPPALLUR POST VANDAZHY, PALAKKAD, PIN - 678706
BY ADVS.
T.R.VISHNU
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
R.SHABANA
ANJANA C.R.
NAINU P.A.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
SRI.PRASHANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.2524 of 2024
2
P.V.KUNHIKRISHNAN,J.
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B.A.No.2524 of 2024
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Dated this the 16th day of April, 2024
ORDER
This bail application is filed under Section 439 of Criminal Procedure Code (Cr.P.C.)
2. The petitioner is an accused in Crime No.205/2024 of Alathur Police Station, Palakkad. The above case is registered against the petitioner alleging offences punishable under Sections 376(2) IPC and Section 3(a) r/w Section 4(1), 5(j)((ii) r/w Section 6(1) of POCSO Act.
3. The prosecution case is that the petitioner with sexual intent to harass the survivor, who is a minor girl aged 16 years, on a day in the 1 st week of December 2023 in the night, reached in the house of the survivor at Valathala and with the consent of the family members of the survivor, slept there. At about 12.00 am, the petitioner and the survivor had sexual relationship from the hall of the house and thus the petitioner sexually assaulted the survivor. It is also submitted that the survivor became pregnant and delivered a child. The petitioner was arrested on 16.02.2024. B.A.No.2524 of 2024 3
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner is aged only 23 years and the sexual relationship is with the consent of the minor. It is also submitted that the mother of the victim has no objection to grant bail and the petitioner decided to marry the victim once she attained majority. The Public Prosecutor opposes the bail application.
6. Simply because the mother of the minor has no objection in granting bail because the petitioner agreed to marry the minor once she attained majority is not a ground to grant bail because the offence alleged are very serious and non-compoundable. But, it is a fact that the petitioner is in custody from 16.02.2024. Considering the facts and circumstances of the case, I am of the considered opinion that the continued detention of the petitioner is not necessary. I think the bail application can be allowed on stringent conditions.
7. 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 B.A.No.2524 of 2024 4 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.
8. 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.
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 B.A.No.2524 of 2024 5 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 bng