Kerala High Court
Manoharan vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 3025 OF 2024
CRIME NO.293/2024 OF SAKTHIKULANGARA POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
MANOHARAN,
AGED 55 YEARS,
S/O. JANARDHANAN, KANNANNOOR VEEDU, MEENATHU CGERRY,
SAKTHIKULANGARA VILLAGE, KOLLAM, PIN - 691581
BY ADVS.
C.RAJENDRAN
R.S.SREEVIDYA
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
PUBLIC PROSECUTOR SEENA C
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3025 OF 2024
2
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3025 of 2024
-------------------------------
Dated this the 16th day of April, 2024
ORDER
The petitioner is the sole accused in Crime No.293 of 2024 of
Sakthikulangara Police Station, Kollam District. The above case is
registered against the petitioner alleging offences punishable under
Sections 294(b), 354A(1), (iii) of IPC and Section 12 r/w 11(1) of the
POCSO Act.
2. The prosecution case is that on 31.03.2024 at 07.00 pm, the
accused used vulgar language and displayed sexual lewdness
against the defacto complainant. Hence, it is alleged that the
petitioner committed the offence. The petitioner was arrested on
01.04.2024.
3. Heard the counsel for the petitioner and the Public
Prosecutor.
4. The counsel for the petitioner submitted that even if the
allegations are accepted, no offence is made out. The counsel
submitted that the petitioner is ready to abide any conditions if this
BAIL APPL. NO. 3025 OF 2024
Court grant him bail. The Public Prosecutor opposed the bail
application.
5. This Court considered the contentions of the petitioner and
the learned Public Prosecutor. After hearing both sides, this bail
application can be allowed on stringent condition, because the
petitioner is in custody from 01.04.2024. I make it clear that if the
petitioner commit similar offence, the investigating officer can file
appropriate application before the jurisdictional court to cancel the
bail and the jurisdictional court can consider the same, even if this
bail order is passed by this Court.
6. 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.
7. 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
BAIL APPL. NO. 3025 OF 2024
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 they are accused, or suspected, of the
commission of which he is suspected.
5. The petitioner shall appear before the investigating
officer on all Mondays till final report is filed.
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
msp
BAIL APPL. NO. 3025 OF 2024
APPENDIX OF BAIL APPL. 3025/2024
PETITIONER ANNEXURES
Annexure A 1 A TRUE COPY OF THE REMAND APPLICATION OF THE
ACCUSED IN CRIME NO.293/2024 OF THE
SAKTHIKULANGARA POLICE STATION, KOLLAM
DISTRICT
Annexure A2 A TRUE COPY OF THE MASS PETITION SUBMITTED
BEFORE THE CIRCLE INSPECTOR OF POLICE,
SAKTHIKULANGARA POLICE STATION DATED NIL
