Jackson Roy v. State of Kerala and Kalpetta Police Station

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 27TH DAY OF OCTOBER 2020 / 5TH KARTHIKA, 1942** ## **Bail Appl..No.6762 OF 2020** **CRIME NO.812/2020 OF KALPETTA POLICE STATION, WAYANAD** ## **PETITIONER/ACCUSED:** **JACKSON ROY, AGED 30 YEARS, SON OF PARTHEEN A., PALLIYEDATH HOUSE, KALPETTA P.O., RATTAKOLLY, VYTHIRI,WAYANAD DISTRICT. PIN – 673 121.** **BY ADV. SRI.K.RAKESH** ## **RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2 THE STATION HOUSE OFFICER, KALPETTA POLICE STATION, WAYANAD DISTRICT, PIN – 673 121.** **R1-2 BY SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No. 6762 of 2020 2 ## **P.V.KUNHIKRISHNAN, J.** **================== B.A.No. 6762 of 2020 ================== Dated this the 27[th] day of October, 2020** ## **O R D E R** This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference. 2. The petitioner is a Civil Police Officer on traffic duty attached to Kalpetta Police Station. He is now involved in Crime No.812/2020 of Kalpetta Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 354, 354(A) (1), 354(D)(1) of the Indian Penal Code (IPC) and under Section 119(a) of Kerala Police Act. 3. The prosecution case is that, on 29.09.2020 at around 11.50 hours in the Kalpetta amsom, in front of De Paul Public School, the petitioner who was in uniform, B.A.No. 6762 of 2020 3 with sexual intent, compelled the de facto complainant to get into his car and outraged her modesty by touching on her ear. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that, even if the entire allegations are accepted, the offence under Section 354(A) of the I.P.C. is not made out against the petitioner. The learned counsel for the petitioner also submitted that, the only allegation is that, the petitioner touched the hand of the victim and touched her ear. The counsel submitted that, this will not attract the offence under 354 (A) of the I.P.C. The learned counsel submitted that, the petitioner was in uniform. He is an officer, who is doing his duty in accordance to law. The learned counsel take me through Annexure-2 letter of appreciation issued by the District Police Chief. In the letter it is stated that, while the petitioner was performing duty in connection with the B.A.No. 6762 of 2020 4 enforcement of lock down instructions at Janamythri junction, Kalpetta, the District Police Chief reached there on a motorcycle as a part of surprise check in mufti. The petitioner challenged the District Police Chief and permitted him to proceed further only after verifying the 'self declaration' possessed by him. Annexure-2 is a letter of appreciation issued by the District Police Chief. The learned counsel submitted that, the petitioner was in law and order duty. The petitioner was acting with some bonafides. The learned counsel submitted that, there is no offence attracted in this case. 6. The learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that, the allegation against the petitioner is serious. 7. After hearing both sides, I think this bail application can be allowed on stringent conditions. I do not want to make any observations about the merit of the case. The only allegation against the petitioner is that, the petitioner touched the hand and the ear of the victim B.A.No. 6762 of 2020 5 girl. Whether the offence under Section 354 of IPC is made out, in the facts and circumstances of the case, is a matter to be investigated by the Investigating Officer. The other offences alleged against the petitioner are bailable offences. Considering the entire facts and circumstance of the case, I think this bail application can be allowed on stringent conditions. 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),**_ after B.A.No. 6762 of 2020 6 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 appear before the_ _Investigating Officer within ten days from today and shall undergo interrogation;_ _2. After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned;_ _3. The petitioner shall appear before the_ B.A.No. 6762 of 2020 7 _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;_ _4. The petitioner shall not leave India without permission of the Court;_ _5. 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;_ _6. 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._ If any of the above conditions are violated by B.A.No. 6762 of 2020 8 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