Prachith P v. State of Kerala

BA No.4957 of 2025 1 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:30769 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` WEDNESDAY, THE 9[TH] DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4957 OF 2025 ``` ``` CRIME NO.1445/2024 OF Pooyapally Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED 29.03.2025 IN CMP NO.816 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,KOTTARAKKARA ``` ## **`PETITIONER(S)/ACCUSED:`** ``` PRACHITH P AGED 29 YEARS, S/O., PRAKASAN, VAYALARIKATHU VEEDU, THEKKINKADU, NAGAROOR P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695601 ``` ``` BY ADVS. C.UNNIKRISHNAN (KOLLAM) D.JAYAKRISHNAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. K.S.ARAVIND RAHUL M.R. ``` ## **`RESPONDENT( S )/RESPONDENT:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031`** ``` 2THE STATION HOUSE OFFICER POOYAPPALLY POLICE STATION, KOLLAM RURAL DISTRICT REPRESENTED THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` BA No.4957 of 2025 2 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:30769 ``` ## **`BY ADV:`** ## **`SR PP - NOUSHAD K A`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` BA No.4957 of 2025 3 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:30769` **P.V.KUNHIKRISHNAN, J. ------------------------------------------BA No.4957 of 2025 -------------------------------------------Dated this the 09[th] day of April, 2025** ## **O R D E R** This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 2. The petitioner is an accused in Crime No.1445/2024 of Pooyapally Police Station, Kollam. The above case is registered against the petitioner alleging offences punishable under Section 376(2)(n) of the Indian Penal Code and also under Sections 69 and 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that, in August BA No.4957 of 2025 4 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:30769 ``` 2023, the petitioner took the complainant from Oyoor in a vehicle to his house in Nagaroor Grama Panchayath and had sexual intercourse without her consent. This was repeated on many occasions in the subsequent months also. It was further alleged that the accused took the complainant on 23.11.2024 to his grandmother’s house situated at Nagaroor, made her stayed there for a week and had sexual intercourse with her several times. The prosecution also alleged that the accused swindled one lakh rupees and 5.5 sovereigns of gold from the complainant for his own use and abandoned her. Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. BA No.4957 of 2025 5 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:30769 ``` 5. The counsel for the petitioner submitted that the petitioner is in custody from 30.01.2025. The counsel also submitted that the petitioner is ready to abide any condition imposed by this Court, if this Court grant him bail. 6. The Public Prosecutor opposed the bail application. But he submitted that the final report is already filed in this case. 7. This Court perused the allegation against the petitioner. A perusal of the same would show that there was continuous sexual relationship between the petitioner and the defacto complainant and that also happened in the house of the petitioner and his grandmother. The final report in this case is already filed. Considering the period of detention, I think, the BA No.4957 of 2025 6 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:30769 ``` petitioner can be released on bail after imposing stringent conditions. 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 in as much 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. Moreover, in _**Jalaluddin Khan v. Union of India** [2024 KHC 6431],_ the Hon'ble Supreme Court observed that: “21. Before we part with the Judgment, BA No.4957 of 2025 7 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:30769` we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modifcation that the bail can be granted if the conditions in the statute are satisfed. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Art.21 of our BA No.4957 of 2025 8 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:30769 ``` ## Constitution.” (underline supplied) ## 10. In _**Manish Sisodia v. Directorate of**_ ## _**Enforcement**_ [2024 KHC 6426], also the Hon'ble Supreme Court observed that: “53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not to be withheld as a punishment. From our experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach. On account of non - grant of bail even in straight forward open and shut cases, this Court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the High Courts should recognize the principle that "bail is rule and jail is exception".” ## Considering the dictum laid down in the BA No.4957 of 2025 9 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:30769 ``` above decisions and considering the facts and circumstances of this case, this Bail Application is allowed with the following conditions: _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._ _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 promise to_ BA No.4957 of 2025 10 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:30769 ``` _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. Petitioner shall not leave India without permission of the jurisdictional Court._ _4. 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 observations and findings in this order is only for the purpose of_ - _deciding this bail application. The principle laid down by this Court in_ BA No.4957 of 2025 11 ``` 2025:KER:30769 ``` **==> picture [57 x 58] intentionally omitted <==** ## _**Anzar Azeez v. State of Kerala**_ _[2025 SCC OnLine KER 1260] is applicable in this case also._ _6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance_ w _ith law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional court to cancel the bail, if there is any violation of the above condition._ nvj **Sd/P.V.KUNHIKRISHNAN JUDGE**