Kerala High Court
Antony vs State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Bail Appl..No.933 OF 2021
CRIME NO.18/2021 OF Kadavanthra Police Station , Ernakulam
PETITIONER/S:
ANTONY
AGED 37 YEARS
KALATHUPURAYIDAM HOUSE, PALLITHOTTAM, KOLLAM.
601021
BY ADV. SRI.K.V.SABU
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
C N PRABHAKARAN PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.933 OF 2021 2
P.V.KUNHIKRISHNAN, J.
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B.A. No. 933 of 2021
--------------------------------
Dated this the 15th day of February, 2021
ORDER
This Bail Application filed under Section 439 of
Criminal Procedure Code was heard through Video
Conference.
2. Petitioner is the accused in Crime No.18 of 2021 of
Kadavanthra Police Station. The above case is registered
against the petitioner alleging offence punishable under Sec.
376 IPC.
3. The prosecution case is that on 25.10.2020 at 6.00
p.m., the accused enticed the prosecutrix to go with him to
his friend's house at Kaloor, where he committed rape on
her and impregnated her. Thereby, the accused committed
offence under Sec.376 IPC. It is alleged that there was a
promise to marry the victim from the side of the petitioner.
4. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the
petitioner was arrested on 13.01.2021 and he is in custody
from that day onwards. The counsel submitted that the
allegations against the petitioner are not correct. The counsel
submitted that subsequently the pregnancy test of the victim
was negative and the entire case of the prosecutrix is falsified
because of the same. The counsel submitted that the
petitioner may be released on bail, on stringent conditions.
6. The learned Public Prosecutor opposed the bail
application. The Public Prosecutor submitted that the
petitioner was arrested only on 13.01.2021. The Public
Prosecutor submitted that the investigation is going on.
7. After hearing both sides and considering the entire
facts and circumstances of this case, I think this bail
application can be allowed, on stringent conditions. The
allegation against the petitioner is that there was a promise
to marry and the victim conceded for sexual intercourse.
Admittedly, the victim is aged 33 years and the petitioner is
aged 37. A reading of the order passed by the learned
Magistrate, which is produced as Annexure-A1, it is seen
that the pregnancy test of the victim was subsequently
found as negative. I don't want to make any observation
about the merit of the case. Considering the entire facts and
circumstances of this case and also considering the fact that
the petitioner is in custody from 13.01.2021 onwards, I think
this bail application can be allowed, on stringent conditions.
8. Moreover, considering the need to follow social
distancing norms inside prisons so as to avert the spread of
the novel Corona Virus Pandemic, the Hon'ble Supreme
Court in Re: Contagion of COVID-19 Virus In Prisons
case (Suo Motu Writ Petition(C) No.1 of 2020) and a
Full Bench of this Court in W.P(C)No.9400 of 2020 issued
various salutary directions for minimizing the number of
inmates inside prisons.
9. 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.
10. 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 offence of which he is
accused, or suspected, of the commission of
which he is suspected.
5. The petitioner shall strictly abide by the
various guidelines issued by the State
Government and Central Government with
respect to keeping of social distancing in the
wake of Covid 19 pandemic.
6. Petitioner shall appear before the
investigating office on all Mondays at 10
a.m., till the investigation in Crime
No.18/2021 is over.
7. 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
SKS
