Sanal Sankaran vs State Of Kerala
2022 Latest Caselaw 5008 Ker

                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. 3280 OF 2022
  CRIME NO.1125/2021 OF MEDICAL COLLEGE POLICE STATION, Thrissur
PETITIONER:

            SANAL SANKARAN
            AGED 25 YEARS
            KAVEETTIL HOUSE, PATHAMPADA DESOM,
            NIRAMARUTHUR VILLAGE, TIRUR TALUK,
            MALAPPURAM DISTRICT, PIN - 676109
            BY ADV U.K.DEVIDAS
RESPONDENT:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 682031
            SRI.VIPIN NARAYAN, SR.PUBLIC PROSECUTOR


     THIS     BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3280 OF 2022

                                2


                    P.V.KUNHIKRISHNAN, J
                   --------------------------------
                     B.A.No.3280 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 S.C. No.365/2022 on the

file of the First Additional Sessions Judge, Thrissur. The

above case is registered against the petitioner alleging

offences punishable under the Indian Penal Code and also

under various Sections of the Information Technology Act,

2000 and the POCSO Act. Petitioner was arrested and he is

in custody from 11.03.2022.

3. The prosecution case is that the victim in this case

got acquainted with the petitioner in the month of January,

2022 through social media. It is alleged that the petitioner

committed sexual harassment against the victim by

following her through social media. It is alleged that the BAIL APPL. NO. 3280 OF 2022

petitioner managed to obtain nude videos and photographs

of the victim in his mobile phone. Hence it is alleged that

the petitioner committed offence.

4. Heard counsel for the petitioner and the Public

Prosecutor. The counsel for the petitioner submitted that

the petitioner is in custody from 11.03.2022 onwards. The

counsel for the petitioner submitted that final report is

already filed and the petitioner is ready to appear before

the Trial Court as and when required. The counsel for the

petitioner also submitted that if the petitioner is released

on bail, he will abide any conditions imposed by this Court.

The learned Public Prosecutor seriously opposed the bail

application. The Public Prosecutor submitted that the

petitioner was arrested after issuing lookout notice. The

Public Prosecutor submitted that the petitioner absconded

when the case was registered. Therefore the Public

Prosecutor oppose the bail application mainly for the

reason that the presence of the accused for the trial will be

difficult if the petitioner is released on bail. It is true that BAIL APPL. NO. 3280 OF 2022

the petitioner was not available during the time of

investigation. But it is a fact that the investigation is

already over and the final report is filed. The petitioner is in

custody from 11.03.2022 onwards. The apprehension of the

prosecution that the petitioner will abscond can be

safeguarded by directing the petitioner to surrender his

passport.

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 in as much

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.

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 BAIL APPL. NO. 3280 OF 2022

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 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/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.

BAIL APPL. NO. 3280 OF 2022

5. The petitioner shall surrender his

passport before the jurisdictional Court. If

there is no passport to the petitioner, the

petitioner will file an affidavit to that effect

before the Court concerned.

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. 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

np BAIL APPL. NO. 3280 OF 2022

APPENDIX OF BAIL APPL. 3280/2022

PETITIONER'S ANNEXURES:

Annexure I TRUE COPY OF THE ORDER DATED 19.04.2022 IN CRL. M.P. NO.1082/2022 PASSED BY THE HONOURABLE ADDITIONAL SESSIONS JUDGE-I, THRISSUR IN CRIME NO. 1125/2021 OF THRISSUR MEDICAL COLLEGE POLICE STATION. RESPONDENT'S ANNEXURES: NIL