Kerala High Court
Shantheeshlal T vs State Of Kerala on 27 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
MONDAY, THE 27TH DAY OF JULY 2020 / 5TH SRAVANA, 1942
Bail Appl..No.4416 OF 2020
AGAINST THE ORDER IN Bail Appl. 3966/2020 OF HIGH COURT OF KERALA
CRIME NO.911/2020 OF Payyannur Police Station , Kannur
PETITIONER:
SHANTHEESHLAL T
AGED 21 YEARS
S/O. SURENDRAN P, RESIDING AT POYRAN HOUSE,
MURINGATT, KOZHUMAL P O, PERALAM, KARIVELLOOR, KANNUR
DISTRICT- 670521, NOW RESIDING AT CHARAKANAM,
THIMIRI, KASARAGOD DISTRICT.
670521
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.
2 THE STATION HOUSE OFFICER,
PAYYANNUR POLICE STATION, KANNUR DISTRICT, PIN-
670307.
SRI.RENJITH.T.R., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.4416 of 2020 2
P.V.KUNHIKRISHNAN, J
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B.A.No.4416 of 2020
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Dated this the 27th day of July, 2020
ORDER
This Bail Application is filed under Section 439 of Criminal Procedure Code was heard through Video Conference.
2. The petitioner is the accused in Crime No.911 of 2020 of Payyannur Police Station, Kannur. The above case is registered against the petitioner alleging offence punishable under Section 67 (B)(b) of the Information Technology Act, 2000 and Section 15(1) of the Protection of Children from Sexual Offences Act 2012.
3. The prosecution case is that, on getting the reliable information, the Inspector of Police, Control Room, Payyannur conducted search in the house of the petitioner on 27.6.2020, and seized his mobile phone containing child porn videos. According to the prosecution, more than 300 obscene pictures including that of children were there in the mobile phone. Therefore, the case B.A.No.4416 of 2020 3 is registered. The petitioner was arrested on 27.6.2020.
4.Heard the counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner has not committed the offence. He is a medical student. He is ready to abide any condition, if this Court grant him bail.
6. The Public Prosecutor submitted that it is a serious case. According to the Public Prosecutor, the petitioner stored these obscene videos in his mobile phone for commercial purpose. Therefore, the Public Prosecutor opposed the bail application.
7. After hearing both sides, I think this bail application can be allowed. The petitioner is in custody from 27.6.2020 onwards. The allegation against the petitioner is that the petitioner stored obscene videos and photographs in his mobile phone. Admittedly, the mobile phone is already seized. The petitioner is in custody from 27.6.2020 onwards.
8. Considering the entire facts and circumstances of the B.A.No.4416 of 2020 4 case, I think this bail application can be allowed on stringent conditions.
9. 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.
10. 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.
11. Considering the dictum laid down in the above decision and considering the facts and circumstances of this B.A.No.4416 of 2020 5 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 as and when required.
The petitioner shall co-operate with the investigation and shall not threaten or attempt to influence the witnesses or tamper with the evidence.
3. 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.
4. The petitioner will appear before the B.A.No.4416 of 2020 6 Investigating Officer on all Mondays and Fridays till final report is filed.
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 cms