Santhosh Behera vs State Of Kerala
2021 Latest Caselaw 432 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        Bail Appl..No.99 OF 2021

      CRIME NO.1446/2020 OF Koraty Police Station , Thrissur


PETITIONER:

               SANTHOSH BEHERA
               AGED 39 YEARS
               KRISHNANNANDPUR,
               JAGATSINGHPUR DISTRICT,
               ODISHA-75413
               NOW RESIDING AT VAPPARAMBIL,
               VAZHICHAL, THIRUVANANTHAPURAM
               695125

               BY ADV. SRI.THOMAS J.ANAKKALLUNKAL

RESPONDENT:

               STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
               KERALA, ERNAKULAM
               PIN-682031


               SMT.REKHA.C.NAIR, SR.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 B.A.No.99 of 2021                  2




                       P.V.KUNHIKRISHNAN, J
                   --------------------------------
                         B.A.No.99 of 2021
                   --------------------------------
               Dated this the 6th day of January, 2021


                             ORDER

This Bail Application is filed under Section 439 of Criminal

Procedure Code was heard through Video Conference.

2. Petitioner is the accused in Crime No.1446 of 2020 of

Koratty Police Station, Thrissur. The above case is registered

against the petitioner alleging offences punishable under

Sections 354 and 509 IPC. The offence under Sections 9, 10,11

and 12 of the Protection of Children from Sexual Offences Act

(for short 'POCSO Act') is also alleged.

3. The prosecution case is that the accused with sexual

intention enticed and took the victim aged 5 years to a rented

premises where he resides at Vazhichal, Vaparambu in Koratty,

Thrissur. It is also alleged that the accused exhibited his

nakedness displayed nude pictures in his mobile phone to the

child. It is alleged that the accused committed sexual offence.

4. Heard the counsel for the petitioner and the learned

Public Prosecutor.

5. The counsel for the petitioner submitted that the

petitioner is in custody from 28.10.2020 onwards. Now 60 days

over. No final report is filed. The counsel submitted that the

petitioner is entitled statutory bail under Section 167 Cr.P.C.

6. The Public Prosecutor conceded that the final report is

not filed even now. The Public Prosecutor submitted that the

draft charge is now prepared and submitted before the

authorities.

7. After hearing both sides, I think the petitioner in this

case is entitled bail uder Section 167 Cr.P.C. Admittedly, the

petitioner was arrested on 28.10.2020. He is in custody for

more than 60 days. Final report is not filed even now. In such

circumstances, I think the petitioner is entitled statutory bail.

Therefore, this bail application is allowed.

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. 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

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