Kerala High Court
Pradeep Mathew vs State Of Kerala on 19 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
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 3334 OF 2024
CRIME NO.255/2024 OF VALIYATHURA POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:
PRADEEP MATHEW
AGED 25 YEARS
S/O BENNY MATHEW, CHERIYATHURA FISHERMEN COLONY,
THIRUVANANTHAPURAM DISTRICT, PIN - 695026
BY ADV. LATHEESH SEBASTIAN
RESPONDENT(S)/STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SRI.PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.3334 of 2024
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P.V.KUNHIKRISHNAN, J
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B.A.No.3334 of 2024
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Dated this the 19th day of April, 2024
ORDER
This Bail Application is filed under Section 439 of the Criminal Procedure Code (Cr.P.C.)
2. The petitioner is an accused in Crime No.255/2024 of Valiyathura Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 294(b), 323, 506(i), 354, 354A (1)(i), 354 (B) of IPC and Section 8 r/w 7 of the POCSO Act.
3. The prosecution case in brief is as follows:
The victim is a minor girl aged 16 years and she was studying in 10th standard at St. Antony's School, Valiyathura. The petitioner is an auto driver. On
04.03.2024 at about 4.30 p.m., while the victim was chatting with her neighbour Hassan, the petitioner B.A.No.3334 of 2024 3 came there assaulted her. It is further alleged that at about 5.00 p.m., while she was going to the shop, the petitioner scolded her in filthy language and caught hold off her and fisted on her face. Hence it is alleged that the accused committed the above said offences. The petitioner was arrested on 11.03.2024.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the allegation against the petitioner is not correct and he is ready to abide any conditions, if this Court grant him bail. The learned Public Prosecutor seriously opposed the bail application and submitted that serious offences are alleged against the petitioner.
6. After hearing both sides and also considering the fact that the petitioner is in custody from 11.03.2024 onwards, I think this Bail application can be allowed after imposing stringent conditions. The B.A.No.3334 of 2024 4 continued detention of the petitioner is not necessary in the facts and circumstances of the case.
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 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 B.A.No.3334 of 2024 5 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. Petitioner shall appear before the investigating officer on all Mondays at 10 A.M. till final report is filed.B.A.No.3334 of 2024
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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 DM B.A.No.3334 of 2024 7 APPENDIX OF BAIL APPL. 3334/2024 PETITIONER ANNEXURES ANNEXURE 1 CARBON COPY OF THE ORDER OF ADDITIONAL SESSIONS COURT FOR TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN, THIRUVANANTHAPURAM FOR REGULAR BAIL, WHICH WAS DISMISSED BY THE LEARNED SESSIONS JUDGE AS PER ORDER DATED 05.04.2024 RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE