Allowed

Krishnaprasad @ Prasad v. State of Kerala

Kerala HC15 Jan 2021Bail Appl./290/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by the accused in a rape case. The court granted bail on stringent conditions, citing the principle that bail is the rule and jail is the exception, alongside social distancing guidelines for COVID-19.

What did the court decide?

Petitioner released on bail executing a bond for Rs.50,000 with two solvent sureties, subject to strict conditions including appearance before the investigating officer and social distancing norms.

Krishnaprasad @ Prasad Vs State of Kerala — Bail and Remand | 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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FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

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Bail Appl..No.290 OF 2021

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AGAINST THE ORDER IN CMA 3723/2020 DATED 02-12-2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR

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CRIME NO.1026/2020 OF Alathur Police Station , Palakkad

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PETITIONER:

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KRISHNAPRASAD @ PRASAD, AGED 38 YEARS, SON OF ARUMUGHAN, MALLAMPARAMBU VEEDU, PAZHAMBALAKKODE, TARUR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. PIN-678645

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BY ADV. SRI.BABY MATHEW

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM PIN-682031

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SRI.K.B.UDAYAKUMAR, SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.290 of 2021 2

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P.V.KUNHIKRISHNAN, J

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B.A.No.290 of 2021

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Dated this the 15^th day of January, 2021

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O R D E R

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This Bail Application is filed under Section 439 of Criminal

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Procedure Code .

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Petitioner is the accused in Crime No.1026 of 2020 of Alathur Police Station, Palakkad. The above case is registered against the petitioner alleging offences punishable under Sections 450, 354, 354A(1)(i)(ii)(2), 354B, 511 of 376 IPC.

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The prosecution case is that on 18.11.2020 at 8 p.m, the accused criminally trespassed into the house of the de facto complainant at Kuttankode, Tarur, used criminal force, disrobed her, attempted to commit rape and thereby committed the offence. The petitioner was arrested on 26.11.2020.

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Heard the counsel for the petitioner and the learned

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B.A.No.290 of 2021 3

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Public Prosecutor.

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The counsel for the petitioner submitted that the petitioner is in custody from 26.11.2020. The counsel submitted that even if the entire allegations are accepted, the offence under Section 511 of 376 IPC is not made out. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grant him bail.

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The Public Prosecutor opposed the bail application. But the Public Prosecutor submitted that if this Court is granting bail, stringent conditions may be imposed.

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After hearing both sides, I think the bail application can be allowed on stringent conditions. Admittedly, the petitioner is in custody from 26.11.2020 onwards. It is true that the allegation against the petitioner is very serious. But the fact remains that the investigation is in progress. This is the second bail application filed by the petitioner. The earlier bail application was withdrawn by the petitioner because this Court was not inclined to grant bail at that stage.

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Considering the entire facts and circumstances of the

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B.A.No.290 of 2021 4

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case, I think this bail application can be allowed on stringent conditions.

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Moreover, considering the need to follow social

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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

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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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B.A.No.290 of 2021 5

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case, this Bail Application is allowed with the following

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directions:

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Petitioner shall be released on bail on

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executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each

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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

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permission of the jurisdictional Court.

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Petitioner shall not commit an offence

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B.A.No.290 of 2021 6

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

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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.

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The petitioner shall not enter the jurisdictional limit of Alathur Police Station till investigation in Crime No.1026 of 2020 is over.

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The petitioner shall appear before the Investigating Officer on all Mondays at 10 am till final report is filed. For the purpose of appearance before the investigating officer, the petitioner can enter the jurisdictional limit of Alathur Police Station.

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