Kerala High Court
Muhammed Kasim 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.5 OF 2021
CRIME NO.2235/2020 OF Chavakkad Police Station , Thrissur
PETITIONER/S:
MUHAMMED KASIM
AGED 47 YEARS
KARUPPAMVEETTIL HOUSE, POST BLANGAD, MANATHALA
VILLAGE, CHAVAKKAD TALUK
680506
BY ADVS.
SHRI.T.K.ASOKAN
SHRI.T.A.GOKUL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
682031
2 SUB INSPECTOR OF POLICE CHAVAKKAD POLICE STATION
CHAVAKKAD THRISSUR DISTRICT 680506
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.5 OF 2021 2
P.V.KUNHIKRISHNAN, J.
--------------------------------------
B.A. No. 5 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. 2235 of 2020
of Chavakkad Police Station. The above case is registered
against the petitioner alleging offences punishable under
Secs.354,354(A)(1)(i) of the IPC, Secs.8 r/w 7 and Sec.10 r/w
9(l), (m), (f) of the Protection of Children from Sexual
Offences (POCSO) Act, 2012 and Sec.75 of JJ Act.
3. The prosecution case is that the petitioner, who is
working as a teacher in a Madrassa, sexually abused the
victim girl aged 10. The prosecution alleged that during the
period from July 2019 to 5.3.2020, the petitioner repeatedly
committed sexual assaults. The petitioner was arrested on
11.12.2020.
4. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the
petitioner is in custody from 11.12.2020 onwards. The final
report is not filed even now. The counsel submitted that the
petitioner is entitled for statutory bail under Sec. 167 Cr.P.C.
6. The Public Prosecutor submitted that the final
report is not filed and the petitioner is in custody from
11.12.2020 onwards.
7. After hearing both sides, I think this bail
application can be allowed. Admittedly, the petitioner is in
custody from 11.12.2020 onwards. The final report is not
filed. In such circumstances, the petitioner is entitled for
statutory bail under Sec.167 Cr.P.C. Therefore, this bail
application is allowed on 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. 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. 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
