Kerala High Court
Akhil John vs State Of Kerala on 23 November, 2020
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
BA.No.7744/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
Bail Appl..No.7744 OF 2020
CRIME NO.1607/2020 OF Chengannoor Police Station , Alappuzha
PETITIONER/ACCUSED:
AKHIL JOHN,
AGED 30 YEARS
THEKKUVEETTIL HOUSE, KALLUZHATHIL,
ANGADICAL MURI,
CHENGANNUR
PIN-690503
BY ADV. SRI.C.S.MANU
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM,
PIN-682031
SRI.RENJITH.T.R., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA.No.7744/2020 2
O R D E R
Dated this the 23rd day of November 2020 This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.
2. Petitioner is the accused in Crime No.1607/2020 of Chengannoor Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 67, 67A, 67B of the Information Technology Act. The offence under Section 14 r/w 13A of the POCSO Act is also alleged.
3. The prosecution case is that on 4.10.2020, at about 10.30 am, on getting information that the accused is keeping pornographic videos involving children with an intention to propagate through mobile phone, the Station House Officer, Chengannur Police station conducted search at the house of the accused and seized mobile phone and USB kept by him.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner was arrested on 4.10.2020. The counsel submitted that the allegations against the petitioner are not correct and the BA.No.7744/2020 3 petitioner is ready to abide any condition, if this Court grant him bail.
6. The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the allegations against the petitioner are very serious. The Public Prosecutor submitted that the search and seizure in this case is in connection with Operation P-Hunt. The Public Prosecutor submitted that the petitioner may not be released at this stage.
7. After hearing both sides, I think, this bail application can be allowed on stringent conditions. The petitioner is in custody from 4.10.2020 onwards. Considering the entire facts and circumstances of the case, I think, this bail application can be allowed on stringent conditions.
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.
9. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme BA.No.7744/2020 4 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. 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 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 he is accused, or suspected, of the commission of which he is BA.No.7744/2020 5 suspected.
5. 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.
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 ab