Ajeesh Sudevan vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the 3rd accused in Crime No.97/2023 of Nedumkandam Police Station. The offences alleged are punishable under Sections 354, 354A (1)(i), 354B and 376 (2)(n) of IPC and Sections 66E and 67 of IT Act.

The prosecution case, in short, is that the victim, an employee in the shop of the 1st accused was sexually abused by the 1st accused on various occasions. It is further alleged that, the 2nd and 3rd accused who are the employees of the 1st accused, took photographs of the illicit relationship between the 1st accused and the victim. The 2nd accused shared the same with the victim and some of her relatives and thereby committed offence.

I have heard Sri.Biju C Abraham, the learned counsel for the applicant and Sri. M.P.Prasanth, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

I went through the FIS as well as the 164 Statement. There is absolutely no allegation of sexual assault against the applicant. The victim as well as the applicant are the employees of the 1st accused. A reading of FIS would show that, on several occasions, the 1st accused and the victim had sexual intercourse. The only allegation against the applicant is that, on one such occasion, the applicant photographed the naked scenes of the 1st accused and the victim. At best, offence under Section 66 E of the IT Act alone is attracted against the applicant, which is bailable. He has no criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.