Aboobacker C vs State Of Kerala And Anr

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

The Petitioner is the third accused in Crime No.331/2020 of Sreekandapuram Police Station, Kannur District. The above case is registered against the petitioner alleging offences punishable under Sections 376,376D,376(2)(n),506(i) read with Section 34 of the Indian Penal Code (IPC).

The prosecution case is that, on 26.09.2020, while the defacto complainant was returning to her residence, the first accused took her in his motorcycle to a shed and committed rape on her. Thereafter, the petitioner and the other accused also committed rape on her. The petitioner was arrested in connection with the above case on 27.09.2020. He is in custody from that date onwards.

When this Bail Application came up for consideration. The learned Public Prosecutor submitted that, the final report was already filed and the matter is committed from the committal court also.

Admittedly, one of the accused is already released on bail by this Court as per Annexure A2 order. Therefore, this bail application is allowed.

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.

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.

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:

The 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;

The petitioner 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;

The petitioner shall not leave India without permission of the jurisdictional Court;

The 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;

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;

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.