Allowed

Muhammed Kasim v. State of Kerala

Kerala HC15 Feb 2021Bail Appl./5/2021

Case brief

AI extract

What is this about?

This bail application allowed the petitioner's release on statutory bail under Section 167 Cr.P.C. due to the non-filing of the final report, without prejudice to the filing of a charge sheet, with specific conditions.

What did the court decide?

Petitioner released on bail on executing a bond of Rs.50,000/- with two solvent sureties and complying with specific conditions including social distancing and investigation cooperation.

Muhammed Kasim Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

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Bail Appl..No.5 OF 2021

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CRIME NO.2235/2020 OF Chavakkad Police Station , Thrissur

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PETITIONER/S:

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MUHAMMED KASIM AGED 47 YEARS KARUPPAMVEETTIL HOUSE, POST BLANGAD, MANATHALA VILLAGE, CHAVAKKAD TALUK 680506

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BY ADVS. SHRI.T.K.ASOKAN SHRI.T.A.GOKUL

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031

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2 SUB INSPECTOR OF POLICE CHAVAKKAD POLICE STATION CHAVAKKAD THRISSUR DISTRICT 680506

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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C N PRABHAKARAN PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.5 OF 2021

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P.V.KUNHIKRISHNAN, J.

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-------------------------------------B.A. No. 5 of 2021

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-------------------------------Dated this the 15^th day of February, 2021

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O R D E R

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

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Petitioner is the accused in Crime No. 2235 of 2020 of Chavakkad Police Station. The above case is registered against the petitioner alleging offences punishable under Secs.354,354(A)(1)(i) of the IPC, Secs.8 r/w 7 and Sec.10 r/w 9(l), (m), (f) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Sec.75 of JJ Act.

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The prosecution case is that the petitioner, who is working as a teacher in a Madrassa, sexually abused the victim girl aged 10. The prosecution alleged that during the period from July 2019 to 5.3.2020, the petitioner repeatedly

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Bail Appl..No.5 OF 2021

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committed sexual assaults. The petitioner was arrested on 11.12.2020.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The counsel for the petitioner submitted that the petitioner is in custody from 11.12.2020 onwards. The final report is not filed even now. The counsel submitted that the petitioner is entitled for statutory bail under Sec. 167 Cr.P.C.

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The Public Prosecutor submitted that the final

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report is not filed and the petitioner is in custody from 11.12.2020 onwards.

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After hearing both sides, I think this bail application can be allowed. Admittedly, the petitioner is in custody from 11.12.2020 onwards. The final report is not filed. In such circumstances, the petitioner is entitled for statutory bail under Sec.167 Cr.P.C. Therefore, this bail application is allowed on conditions.

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Moreover, considering the need to follow social

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Bail Appl..No.5 OF 2021

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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.

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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.

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Considering the dictum laid down in the above decision and considering the facts and circumstances of this

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Bail Appl..No.5 OF 2021

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case, this Bail Application is allowed with the following directions:

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Petitioner shall be released on bail

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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.

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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.

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Petitioner shall not leave India without permission of the jurisdictional

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Bail Appl..No.5 OF 2021

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Court.

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Petitioner shall not commit an

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offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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.

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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.

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sd/P.V.KUNHIKRISHNAN JUDGE

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SKS

Muhammed Kasim v. State of Kerala

Case brief

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Muhammed Kasim v. State of Kerala

Case brief

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