Denilson Jacob v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** ## **TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942** ## **Bail Appl..No.7582 OF 2020** **CRIME NO.661/2020 OF MUNAMBOM POLICE STATION, ERNAKULAM** ## **PETITIONER:** **DENILSON JACOB DENILSON JACOB, AGED 21 YEARS, SON OF JACOB, IRUMBANATH HOUSE, NEAR PALLIPPURAM BEACH, KOCHI TALUK, KUZHIPPILLY VILLAGE, ERNAKULAM DISTRICT, PIN 683 515 683515** **BY ADV. SRI.LIFFY P. FRANCIS** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P O, ERNAKULAM 682 031 2 STATION HOUSE OFFICER MUNAMBAM POLICE STATION, MUNAMBAM P O, ERNAKULAM DISTRICT – 683515, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031 R1 BY PUBLIC PROSECUTOR : SRI.RENJITH.T.R., PP** ## **OTHER PRESENT:** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.7582 of 2020 2 ## **P.V.KUNHIKRISHNAN, J. ===================== B.A.No.7582 of 2020 ===================== Dated this the 17[th] day of November, 2020** ## **O R D E R** This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference. 2. The Petitioner is the accused in Crime No.661/2020 of Munambom Police Station, Ernakulam District. The above case is registered against the petitioner alleging offences punishable under Sections 354 C, 384, 506 and 509 IPC and Section 12 read with 11 (iv) (v) of the POCSO Act. The offence under Section 67 A, 67 B of the Information Technology Act and Section 120 of Kerala Police Act is also alleged. 3. The prosecution case in brief is that, the accused was in love with the victim for a period of five B.A.No.7582 of 2020 3 years. In 2018, while she was studying for plus one, the accused under the pretext of love, obtained the nude videos and photos of the victim. Thereafter, he extracted Rs. 5000/- and two gold rings and one bracelet on intimidation. Thereafter it is alleged that the petitioner published the above said nude videos and photos of the victim in the social media like Facebook, Whats app and YouTube. Hence, it is alleged that the accused committed the offences. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that, the allegations against the petitioner are not correct. The learned counsel for the petitioner submitted that, he and the victim is even now in love. The mobile phone of the petitioner was misused by one of his friend. The learned counsel for the petitioner submitted that, the petitioner surrendered before the Investigating Officer on 28.10.2020. The learned counsel B.A.No.7582 of 2020 4 for the petitioner submitted that, the petitioner is only aged 20 years. The learned counsel also submitted that, the petitioner is ready to abide any conditions, if this Court grant him bail. 6. The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that, the allegations against the petitioner are very serious. The nude videos and photos of the victim were uploaded in the Facebook and the petitioner is now admitting that, it is uploaded from his phone. It is only a contention that, it is not done by him. The learned Public Prosecutor also submitted that, the petitioner may not be released on bail at this stage. 7. After hearing both sides, I think this bail application can be allowed on stringent conditions. It is true that the allegations against the petitioner are very serious. But it is a fact to be considered that, the petitioner is custody from 28.10.2020 and he is only aged 20 years. No other criminal antecedents alleged against B.A.No.7582 of 2020 5 him. I do not want to make any observations about the merit of the case. Considering the entire facts and circumstances of this case, I think, this bail application can be allowed on stringent conditions. The petitioner shall not enter the jurisdictional limit of Munambom Police Station, till the investigation in the above case is completed. 8. 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. 9. 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)** , B.A.No.7582 of 2020 6 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. 10. 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. 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;_ _2. 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_ B.A.No.7582 of 2020 7 _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;_ _3. The petitioner shall not leave India without permission of the jurisdictional Court;_ _4. 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;_ _5. 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;_ _6. The petitioner shall not enter the_ _jurisdictional limit of Munambom Police Station, till the final report is filed in Crime No. 661 of 2020._ _7. The petitioner shall appear before the_ B.A.No.7582 of 2020 8 _Investigating Officer on all Monday's at 10.00 a.m., till the final report is filed. Only for the purpose of appearing before the Investigating Officer, the petitioner can enter the jurisdictional limit of Munambom Police Station._ 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** LU