Kerala High Court
Vishnu Vijyan vs State Of Kerala on 14 September, 2020
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
BA.No.5327/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942
Bail Appl..No.5327 OF 2020
CRIME NO.1049/2020 OF ALUVA EAST POLICE STATION , Ernakulam
PETITIONER:
VISHNU VIJYAN
AGED 27 YEARS
SOBHA BHAVAN, KURUMBUKARA.P.O,
PATHANAPURAM, KOLLAM
PIN-689695
BY ADV. SRI.S.K.ADHITHYAN
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM-682031
SRI.AJITH MURALI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA.No.5327/2020 2
O R D E R
Dated this the 14th day of September 2020 This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.
2. Petitioner is the accused in Crime No.1049/2020 of Aluva East Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 354(A) and 376 IPC.
3. The petitioner is a salesman in diary development company. The daughter of the defacto complainant studying in 9 th standard and aged 15 years. The prosecution case is that the petitioner sexually abused the victim girl.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner and the victim girl were in love. The counsel submitted that since the parents of the victim girl came to know about the same, a false case is registered against the petitioner. The petitioner has not committed any offence. The petitioner is ready to abide any condition, if this Court grant bail to him. BA.No.5327/2020 3
6. The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner committed sexual offence against a minor girl aged 15 years.
7. After hearing both sides, I think this bail application can be allowed on stringent conditions. The Public Prosecutor made available the statement of the victim girl under Section 164 Cr.P.C. Of course, the victim girl is a minor. But she says that she is in love with the petitioner. According to her, she used to meet the petitioner. According to her, the problem started in their relationship when the mother of the girl came to know that the petitioner gave a mobile phone to her. In the entire statement given by the girl, there is no specific allegation against the petitioner. Of course, as I stated earlier, the victim girl is a minor. But considering the entire facts and circumstances of the case, I think, this bail application can be allowed on stringent conditions. Till the investigation is completed, there can be a direction to the petitioner not to enter the jurisdiction limit of Aluve East Police Station.
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 BA.No.5327/2020 4 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.
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 BA.No.5327/2020 5 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.
4. Petitioner shall not leave India without permission of the jurisdictional Court.
5. 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.
6. 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.
7. The petitioner shall not enter the jurisdiction limit of Aluva East Police Station, till the final report is filed in Crime No.1049/2020.
8. 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
ab JUDGE
BA.No.5327/2020 6
ab