Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 30TH DAY OF APRIL 2020 / 10TH VAISAKHA, [CRIME NUMBER 166/2020 OF EDATHALA POLICE STATION, ERNAKULAM DISTRICT] PETITIONER/ ACCUSED:- K.O. MATHAI, S/O. OUSEPH OUSEPH, AGED 65, KADAPARAMIL HOUSE, ERUMATHALA P.O., ALUVA, CHUNANGAMVELI, KEEZHMAD PANCHAYATH, ERNAKULAM DISTRICT. BY ADV.HARISH R.MENON RESPONDENTS:-
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
EDATHALA POLICE STATION, EDATHALA, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioner is the accused in Crime No.166 of 2020 of Edathala Police Station. The crime has been registered alleging commission of offences punishable under Section 377 of the Indian Penal Code and 7,8,9(I) and 10 of Protection of Children from Sexual Offences Act, 2012.
2. The prosecution allegation is that the
petitioner had during the 2nd week of December, 2019 sexually assaulted the victim, a boy aged 14 years, and had repeated the offence in January, 2020. The petitioner was arrested on 16.3.2020.
3. I have heard the learned Public Prosecutor
also, who says that the offence alleged is heinous and submits that in the event of the petitioner being released on bail, stringent conditions may be imposed by this court.
4. Considering the need to follow social
distancing norms inside prisons so as to avert the spread of the novel Corona-virus pandemic, the Honourable 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 minimising the number of inmates inside prisons. With due regard to the aforementioned orders and considering the fact that the investigation is almost complete, the bail application is allowed subject to the following conditions:-
i) The petitioner shall furnish to the Superintendent of the jail where he is incarcerated, his phone number and the address at which he would be residing after his release. The petitioner shall also provide the address of his proposed sureties and two of his near relatives and submit an undertaking that on release, he would abide by the conditions of the lock down imposed by the Central and State Government and be in quarantine, if so required.
ii) On the aforementioned conditions being satisfied, the Superintendent of the Jail shall release the petitioner with due intimation about such release to the Station House Officers of the Police Station where the crime against the petitioner has been registered and the Police Station within the jurisdiction of which the petitioner would be residing.
iii) Immediately after release from prison, the petitioner shall report before the Station House Officer of the jurisdictional Police Station and shall produce a copy of the undertaking he had furnished before the Jail Superintendent. The Station House Officer concerned shall keep vigil on the whereabouts of the petitioner and shall ensure that the petitioner do not violate
the terms of the undertaking. iv) The petitioner shall, within one week from commencement of functioning of the jurisdictional court, if the court is not functioning at present, execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court. v) The petitioner shall not enter the limits of the Edathala Police Station till the final report is filed before Court by the investigation officer concerned. vi) The petitioner shall co-operate with the investigation and shall not threaten or make any attempt to influence witnesses or tamper with the evidence. V.G.ARUN JUDGE ska