Kerala High Court
Amal Santhosh vs State Of Kerala on 4 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 3028 OF 2022
PETITIONER/ACCUSED:
AMAL SANTHOSH
AGED 23 YEARS
SON OF SANTHOSH KUMAR, AMAL NIVAS, MURTHAKUNNAM SOUTH,
ALAPPUZHA DISTRICT, PIN - 690506
BY ADVS.
C.C.ANOOP
SAJARUDHEEN PARAKKAL
ROOPESH N.R.
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KANAKAKUNNU POLICE STATION,
ALAPPUZHA DIISTRICT, PIN - 690506
BY ADV. VIPIN NARAYAN, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3028 of 2022
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3028 of 2022
-------------------------------
Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of
Criminal Procedure Code.
2. Petitioner is the accused in Crime No.66 of
2021 of Kanakakkunnu Police Station, Alappuzha
District. The above case is registered against the
petitioner alleging offences punishable under the
Indian Penal Code which includes Section 376(3) of
IPC. The offences under the POCSO Act and the
Juvenile Justice (Care and Protection of Children) Act
is also alleged against the petitioner. Petitioner is in
custody from 08.02.2022 onwards
3.The prosecution case is that the accused
kidnapped the victim from the lawful custody of her
parents, two months before the Onam in 2018 and
B.A.No.3028 of 2022
had committed penetrative sexual assault on her.
4. Heard counsel for the petitioner and the
Public Prosecutor. When this bail application came
up for consideration on 22.04.2022, this Court
directed the Prosecutor to issue notice to the victim
through concerned Station House Officer. There is
no appearance for the victim. Hence it is decided to
hear the bail application. The counsel for the
petitioner submitted that the alleged incident
happened in 2018 and the complaint is filed after
about 2½ years. The counsel also takes me through
the contentions raised in ground B and C in the bail
application. The counsel submitted that the
petitioner is in custody from 08.02.2022 and the
petitioner is ready to abide any conditions if this
Court grant him bail. The Public Prosecutor seriously
opposed the bail application. The Public Prosecutor
submitted that the victim in this case is a minor. The
Public Prosecutor submitted that the petitioner may
B.A.No.3028 of 2022
not be released on bail at this stage. It is true that
the allegation against the petitioner is very serious
and that there is a delay of 2½ years in submitting
the complaint by the victim. But that is not a ground
to disbelieve the prosecution case at this stage. That
is a matter to be decided at the time of trial. The
petitioner is in custody from 08.02.2022 onwards.
Considering the period of detention and also
considering the submission of the petitioner which is
narrated in ground B and C of the bail application, I
think the petitioner can be released on bail on
stringent conditions.
5. 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
B.A.No.3028 of 2022
is the rule and refusal is the exception so as to
ensure that the accused has the opportunity of
securing fair trial.
6. 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
B.A.No.3028 of 2022
inducement, threat or promise to
any person acquainted with the facts
of the case so as to dissuade
him/her 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 appear
before the Investigating Officer on
all Monday at 10 am till final report
is filed.
6. If any of the above conditions
are violated by the petitioner, the
B.A.No.3028 of 2022
jurisdictional Court can cancel the
bail in accordance to law, even
though the bail is granted by this
Court. The prosecution and the
victim are at liberty to approach the
jurisdictional court to cancel the bail,
if there is any violation of the above
conditions.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
B.A.No.3028 of 2022
APPENDIX OF BAIL APPL. 3028/2022
PETITIONER ANNEXURES
ANNEXURE1 A TRUE COPY OF THE ORDER DATED
22.3.2022 IN CRL.M.P NO 727/2022
//TRUE COPY//
PA TO JUDGE
