Kerala High Court

Amaan vs State Of Kerala on 21 February, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

B.A.Nos.5284 & 5288 of 2024
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                                                            2025:KER:15161


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946
                              BAIL APPL. NO. 5284 OF 2024
            CRIME NO.571/2024 OF KATTAKADA POLICE STATION,
                                  THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:

                AMAAN
                AGED 20 YEARS
                S/O SHERIF, K.S.HOUSE, POOVACHAL, POOVACHAL P.O.,
                THIRUVANANTHAPURAM, PIN - 695575


                BY ADV M.R.SASITH


RESPONDENT(S)/STATE:

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

                BY ADV.
                SRI.G.SUDHEER, PP



        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.02.2025, ALONG WITH Bail Appl..5288/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos.5284 & 5288 of 2024
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                                                            2025:KER:15161




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946
                              BAIL APPL. NO. 5288 OF 2024
            CRIME NO.572/2024 OF KATTAKADA POLICE STATION,
                                  THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:

                AMAAN
                AGED 20 YEARS
                S/O SHERIF, K.S.HOUSE, POOVACHAL, POOVACHAL P.O.,
                THIRUVANANTHAPURAM, PIN - 695575


                BY ADV M.R.SASITH


RESPONDENT(S)/STATE:

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

                BY ADV.
                SRI.NOUSHAD K.A., SENIOR PP



        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.02.2025, ALONG WITH Bail Appl..5284/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos.5284 & 5288 of 2024
                                             3



                                                                        2025:KER:15161


                        P.V.KUNHIKRISHNAN, J
                      --------------------------------
                      B.A.Nos.5284 & 5288 of 2024
                       -------------------------------
                 Dated this the 21st day of February, 2025


                                    ORDER

These Bail Applications are filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita. The petitioner and the victim

in these bail applications are the same, therefore I am disposing

of these bail applications by a common order.

2. The petitioner is an accused in Crime

Nos.571/2024 & 572/2024 of Kattakkada Police Station,

Thiruvananthapuram. When this bail application came up for

consideration, the learned Public Prosecutor submitted that, Crime

No.572/2024 is forwarded to Kazhakkoottam Police Station and

renumbered as Crime No.806/2024.

3. The allegation in Crime No.571/2024 is that the

petitioner and the victim are classmates and subsequently their

relationship developed and they fell in love with each other. There

was frequent contact between them through whatsapp. It is

alleged that on 14.12.2021, the petitioner took her to the Mall of B.A.Nos.5284 & 5288 of 2024

2025:KER:15161

Travancore in a car. As per the petitioner's direction, she wore a

'Parda' and spent some time there. While they were returning in

the car, the petitioner lifted her dress after parking the vehicle in

the road margin and he with sexual intent hold her both breasts

and also kissed on her lip and breast. It is further alleged that,

after attaining majority, the petitioner took her to 'OYO' lodge at

Kazhakoottam and had forcible sexual intercourse with her.

4. The allegation in Crime No.572/2024 of Kattakada

Police Station, which is now pending as Crime No.806/2024, is that

on 13.12.2022 the accused met the victim girl at Nedumangadu

Bus stand and asked her to came with him for a surprise and taken

her to OYO rooms, Kazhakoottam at 10.30 a.m. Then the accused

had taken a room there and when they entered into the room, the

accused forcefully removed her dress and had sexual intercourse

with her. Thus, the petitioner alleged to have committed the

aforesaid offences.

5. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor.

6. When these bail applications came up for B.A.Nos.5284 & 5288 of 2024

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consideration before this Court on 11.02.2025, this Court passed

the following order:

"The petitioner will surrender before the Investigating Officer in Crime Nos.571/2024 & 572/2024 of Kattakada Police Station and will undergo interrogation on 17.02.2025 and 18.02.2025 from 10 am to 5 pm. The Investigating Officer shall interrogate the petitioner and file a report before this Court after interrogation as to whether custodial interrogation of the petitioner is necessary.

The petitioner shall not be arrested till the next posting date.

Post on 21.02.2025.

Issue a copy of this order to the Public Prosecutor who will communicate the same to the Investigating Officer concerned."

7. Today when the matter came up for

consideration, the Public Prosecutor submitted that the

Investigating Officer already interrogated the petitioner and the

custodial interrogation of the petitioner is not necessary in Crime

No.571/2024 of Kattakada Police Station. If that be the case,

these bail applications can be allowed on stringent conditions.

8. Moreover, it is a well accepted principle that the

bail is the rule and the jail is the exception. The Hon'ble Supreme B.A.Nos.5284 & 5288 of 2024

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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. Recently the Apex Court in Siddharth v. State

of Uttar Pradesh and Another [2021(5)KHC 353] considered

the point in detail. The relevant paragraph of the above judgment

is extracted hereunder.

"12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe B.A.Nos.5284 & 5288 of 2024

2025:KER:15161

that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused."

10. In Manish Sisodia v. Central Bureau of

Investigation [2023 KHC 6961], the Apex Court observed that

even if the allegation is one of grave economic offence, it is not a

rule that bail should be denied in every case.

11. Considering the dictum laid down in the above

decision and considering the facts and circumstances of these

cases, these Bail Applications are allowed with the following

directions:

1. The petitioner shall appear

before the Investigating Officer within two

weeks from today and shall undergo

interrogation. The petitioner shall appear for

two days continuously from 10 AM to 4 PM.

2. After interrogation, if the

Investigating Officer propose to arrest the

petitioner, he shall be released on bail on B.A.Nos.5284 & 5288 of 2024

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executing a bond for a sum of Rs.50,000/-

(Rupees Fifty Thousand only) with two solvent

sureties each for the like sum to the satisfaction

of the arresting officer concerned.

3. 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.