Kerala High Court
Justin Jose vs State Of Kerala on 7 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
Bail Appl..No.3506 OF 2021
CRIME NO.212/2021 OF Chengamanad Police Station , Ernakulam
PETITIONER/ACCUSED:
JUSTIN JOSE
AGED 24 YEARS
CHARUVILA THEKKETHIL,MELILA,KOTTARAKARA,KOLLAM
691502
BY ADV. SRI.SYAM J SAM
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
P.P.SMT.M.K.PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 3506/2021 2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3506 of 2021
-------------------------------
Dated this the 7th day of May, 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.212/2021 of
Chengamanad Police Station. The above case is originally registered
against the petitioner alleging offence punishable under Section 57 of
the Kerala Police Act. Subsequently the offence under Section 376
IPC and the provisions of POCSO Act was also added.
3. The prosecution case is that the petitioner took the minor
girl and sexually abused her.
4. Heard the counsel for the petitioner and the learned Public
Prosecutor. The counsel for the petitioner submitted that the victim
was in love with the petitioner. She voluntarily came with the
petitioner. The petitioner was on a bonafide belief that the victim is
above 18 years. The counsel submitted that the petitioner is in
custody from 25.3.2021 onwards and he is ready to abide any
conditions if this Court grant him bail. The Public Prosecutor opposed
the bail application. The Public Prosecutor submitted that the
petitioner committed serious offence.
5. The petitioner is aged 24 years. The allegation is that the
petitioner took the minor girl and committed rape on her. According
to the petitioner he was in love with the victim and he was on a
bonafide belief that the victim crossed 18 years. According to the
petitioner, the victim voluntarily accompanied the petitioner. I don't
want to make any observation on the merit of the case. The
petitioner is aged only 24 years. He is in custody from 25.3.2021
onwards. Considering the entire facts and circumstances of the case,
and considering the fact that the petitioner is in custody from
25.3.3021 onwards, I think this bail application can be allowed on
stringent conditions.
6. Moreover, the 2nd wave of COVID-19 is spreading in the
country and the citizens are facing serious difficulties. In the state of
Kerala, the 2nd wave of the pandemic is creating lot of problems and
even the day-to-day life of the citizens are affected. Everyday, about
25,000 people are tested positive with COVID-19. In such
circumstances, this Court has to consider this fact also while
considering bail applications. The life is more important than
anything. Therefore, I am considering this bail application based on
the above pandemic situation.
7. 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. These happened during the 1 st wave of
COVID-19 season.
8. 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.
9. 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 any offence
similar to the offence alleged in this case.
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
al/-+
