Abhiram M vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.8 of 2022 of Cyber Crime Police Station, Thiruvananthapuram Rural, registered for the offences punishable under Sections 376, 354D & 506 of the Indian Penal Code, 1860 and also under Section 66D of the Information Technology Act, 2000.

The prosecution case is that, the accused as well as the defacto complainant were in a relationship from 2016 onwards and while so on 23.03.2019 the accused committed rape on the defacto complainant and compelled her to send nude photographs through WhatsApp. Subsequently, petitioner is alleged to have created false Instagram accounts of the victim and sent friend requests to her friends and thereafter uploaded photographs into the Instagram account to defame her and thereby committed the offences.

Sri.Sabu, the learned counsel for the petitioner, submitted that the entire prosecution case is false and that though the victim and the petitioner were in a relationship, since she is aiming for a doctoral degree, she started avoiding the petitioner. It was further submitted that the crime has been registered only because the petitioner questioned the victim about her present conduct of ignoring him, which has angered the victim. The learned counsel also pointed out that the offence is alleged to have been committed in 2019.

Smt.Nima Jacob, the learned Public Prosecutor, opposed the grant of bail and submitted that petitioner is alleged to have committed a very serious offence and he may be a threat to the victim as well as the evidence to be adduced during trial. It was further submitted that the petitioner was arrested on 24.06.2022 and that releasing him at this juncture would cause prejudice to the investigation.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 24.06.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In  case  of  violation  of  any  of  the  above  conditions,  the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.