Mathew P Varghese vs State Of Kerala
2022 Latest Caselaw 5119 Ker

Citation : 2022 Latest Caselaw 5119 Ker
Judgement Date : 6 May, 2022

Kerala High Court

Mathew P Varghese vs State Of Kerala on 6 May, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                      BAIL APPL. NO. 3154 OF 2022
PETITIONER/S:

            MATHEW P VARGHESE
            AGED 55 YEARS
            PAZHAYORUTHIKKAL HOUSE,
            PALATHINKAL, THURUTHIKKAD,
            PATHANAMTHITTA., PIN - 689597

            BY ADVS.
            K.S.ARUNDAS
            VIMAL KUMAR.A.V.



RESPONDENT/S:

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

    2       XXXX
            XXXX, PIN - 689597

            BY ADV PUBLIC PROSECUTOR


            SMT SREEJA V. - SR P.P




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3154 OF 2022
                                2

                    P.V.KUNHIKRISHNAN, J
                  --------------------------------
                       B.A.No.3154 of 2022
                   -------------------------------
               Dated this the 6th day of May, 2022

                              ORDER

This Bail Application is filed under Section 439 of

Criminal Procedure Code.

2. Petitioner the accused in Crime No.281/2022 of

Keezhvaipur Police Station, Pathanamthitta District. The above

case is registered alleging offences punishable under Section

354 of IPC and Section 7 r/w 8 of Protection of Children from

Sexual Offences Act, 2012.

3. The prosecution case is that the accused with an

intention to outrage the modesty of the victim girl aged 17

years, touched the private parts of the victim, when she was

travelling in a bus.

4. Heard counsel for the petitioner and the Public

Prosecutor. The Counsel for the petitioner submitted that the

allegation against the petitioner is not correct. The Counsel BAIL APPL. NO. 3154 OF 2022

submitted that he is ready to abide any conditions, if this Court

grant bail to him. The Counsel also submitted that the

petitioner is in custody from 23.03.2022. The Counsel also

takes me through the medical records produced along with the

bail application. The counsel also submitted that the petitioner

may be released on bail. The public prosecutor opposed the

bail application. But the Public Prosecutor also conceded that

the final report is already filed. In the light of the fact that the

final report is already filed, I think the continued detention of

the petitioner is not necessary. The bail application can be

allowed 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 is the rule

and refusal is the exception so as to ensure that the accused BAIL APPL. NO. 3154 OF 2022

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 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.