Manual vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2020

~4 min read

https://sooperkanoon.com/case/1785258

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1785258
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 29, 2020
Case Number: Bail Appl./4458/2020

Parties & Advocates

Appellant / Petitioner

Manual

Respondent

State of Kerala

Excerpt

.....considering the period ofdetention, i think this bail application can be allowed on stringent conditions. the petitioner is aged 22. i cannot accept the behaviour of the petitioner, if the prosecution case is correct. any way considering the entire facts and circumstances of the case, this bail application is allowed.7. moreover, considering the need to follow socialdistancing 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 b.a.no.4458 of 2020 4 this court in w.p(c)no.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons.8. moreover, it is a well accepted principle that the bail isthe 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.9. 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: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. b.a.no.4458 of 2020 52. the petitioner shall appear before theinvestigating 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.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 29TH DAY OF JULY 2020 / 7TH SRAVANA, 1942 Bail Appl..No.4458 OF 2020 AGAINST THE ORDER IN CRMP 334/2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN) CRIME NO.864/2020 OF Ernakulam Central Police Station , Ernakulam PETITIONER: MANUAL AGED 22 YEARS S/O.BOBAN, PUTHENPURACKAL HOUSE, ARTHUNGAL, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.ANIL KUMAR M.SIVARAMAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

2 THE CIRCLE INSPECTOR OF POLICE CENTRAL POLICE STATION, ERNAKULAM - 682 031. SRI.RENJITH.T.R., PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.4458 of 2020 2 P.V.KUNHIKRISHNAN, J ------------------------------------ B.A.No.4458 of 2020 ----------------------------------- Dated this the 29th 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 2nd accused in Crime No.864 of

2020 of Ernakulam Central Police Station. The above case is registered against the petitioner and other accused alleging offences punishable under Sections 13, 14, 15 of the Protection of Children from Sexual Offences Act and Section 67B(a)(b)(c) of Information Technology Act.

3. The prosecution case is that, the accused with intention

of storing and transmitting the porn videos and nude photos of the minor children, formed a Whatsapp group by name 'friends' and thereafter, they used to circulate the nude videos and the photos of the minor children.

4. The counsel for the petitioner submitted that the B.A.No.4458 of 2020 3 petitioner was arrested on 17.6.2020 and he is in custody from that date. He is ready to abide any condition, if this Court grant him bail.

5. The Public Prosecutor even though opposed the bail application submitted that if this Court is granting bail there may be a condition that the petitioner shall not commit similar offence.

6. After hearing both sides and considering the period of

detention, I think this bail application can be allowed on stringent conditions. The petitioner is aged 22. I cannot accept the behaviour of the petitioner, if the prosecution case is correct. Any way considering the entire facts and circumstances of the case, this bail application is allowed.

7. 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 B.A.No.4458 of 2020 4 this Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons.

8. 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.

9. 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:

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. B.A.No.4458 of 2020 5

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. 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

Same Court & Year Kerala · 2020 Same Parties Manual vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan