Kerala High Court approves Bail Application on Stringent Conditions

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

On 4th September 2020, the Kerala High Court involving a single bench judge of Honourable Mr Justice P.V. Kunhikrishnan heard the case Ashad v. The State of Kerala. This Bail Application filed under Section 439 of the Criminal Procedure Code was heard through Video Conference.

Facts of the Case

 The petitioner, Ashad and the victim girl were in love. They became friends through Facebook. Then one day in August 2019 and on 15.12.2019, accused, Ashad committed penetrative sexual assault on the victim. Thereafter, in January 2020 the accused took the victim to Wayanad on his bike. It is alleged that the accused committed the offences. The case of the victim is that she gave consent for sexual intercourse because Ashad promised to marry her. Subsequently, the petitioner, Ashad withdrew from the same because Ashad asked the victim girl to change to the Muslim community and the victim was not ready to convert to the Muslim community. The petitioner, Ashad is an accused of Mukkom Police Station, Kozhikode. The case registered against the petitioner is alleging offences punishable under section 366, 376(2) (n) of IPC and Section 5(l) of Protection of Children from Sexual Offences Act (‘POCSO Act’).

Petitioner’s Argument 

The petitioner argued that, even if the entire allegations are accepted, no offence is made out. They also argued that the petitioner, Ashad is aged 21 and the victim is now 18. The petitioner said that the alleged occurrence was in August 2019 and the counsel submitted that the complaint was filed only in March 2020. The counsel submitted that he is in detention from 14.7.2020. The counsel submitted that the petitioner is in custody for the last 52 days. 

Respondent’s Argument

The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the petitioner committed rape on a minor girl. The consent or love affair is not a matter to be considered in such cases. 

Court’s Observation

The court observed into the case Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870), observed that it is a well-accepted principle that, the bail is the rule and the jail is the exception and 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 to ensure that, the accused has the opportunity of securing fair trial.

Court’s Decision

Considering the entire facts and circumstances of the case and considering the detention period of the petitioner, the bail application was allowed on the following stringent conditions:

  1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- 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 any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or 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 concerning social distancing in the wake of COVID 19 pandemic.If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail per the law, even though the bail is granted by this Court.

Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments of the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

 

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -