Kerala High Court
Vishnu P.N vs State Of Kerala on 16 July, 2020
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JULY 2020 / 25TH ASHADHA, 1942
Bail Appl..No.4135 OF 2020
CRIME NO.188/2020 OF Kilimanoor Police Station ,
Thiruvananthapuram
PETITIONER:
VISHNU P.N.,
AGED 28 YEARS
S/O.PRAHLADAN N., RESIDING AT PRASADAM,
PUTHIYAKAVU, KILIMANOOR P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 601.
BY ADV. SRI.J.R.PREM NAVAZ
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM- 682 031.
SRI.AJITH MURALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA No.4135 OF 2020 2
O R D E R
Dated this the 16th day of July 2020 This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
2. The petitioner is the 1st accused in Crime No.188/2020 of Kilimanoor Police Station, Thiruvananthapuram. The above case is registered against the petitioner and others alleging the offences punishable under Sections 143, 147, 148, 149, 294(b), 323, 354A(1)(i) and (iv) of the Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that on 29.2.2020 at about 10 pm, the accused formed themselves into an unlawful assembly and in prosecution of the common object wrongfully restrained the defacto complainant. It is alleged that while they were returning back after attending a festival at Pazhayakunnummel Village, Puthiyakavu, the accused alleged to have touched on the left shoulder of the defacto complainant with sexual intent and when her brother Vivek intervened, accused Nos.1 to 6 BA No.4135 OF 2020 3 alleged to have assaulted him with their hands and caused injury.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the 1st accused is already released on bail by this Court. The counsel submitted that Annexure A1 is the order. The other accused were released on bail by the Sessions Court under Section 439 Cr.P.C.
6. The learned Public Prosecutor conceded that the 1 st accused is released on bail under Section 438 Cr.P.C.
7. Considering the facts and circumstances of this case and also considering the fact that the 1 st accused is already released on bail under Section 438 Cr.P.C, this petitioner is also entitled orders under Section 438 Cr.P.C.
8. Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons. BA No.4135 OF 2020 4
9. 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.
10. 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. The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation.
2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail 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 officer concerned.
3. The petitioner shall appear before the Investigating Officer as and when required. The BA No.4135 OF 2020 5 petitioner shall co-operate with the investigation and shall not threaten or attempt to influence the witnesses or tamper with the evidence.
4. The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic.
5. 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 ab