Ananthu vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.6/2022 of Cyber Crime Police Station, Thiruvananthapuram Rural alleging offences under Sections 506(i) & 376 of the Indian Penal Code, 1860, Section 3 r/w Section 4, Section 11 r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 66(C), 67, 67(B) of the Information Technology Act, 2000.

According to the prosecution, petitioner induced the victim who is only 14 years old to make video calls and under the threat of morphed photographs, compelled her to send her nude images and also induced her to exhibit her nudity and when she refused, he threatened her by blackmailing and thereafter caused her to insert her finger into her vagina and even compelled her to record the same in the mobile. The accused is also alleged to have masturbated in her presence while making the video call and thereby committed the offences alleged against him.

Sri.Rasheed C.Nooranad, the learned counsel for the petitioner contended that the entire prosecution allegations are false and that the petitioner was arrested on 27.04.2022 and has been in custody since then.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail. He submitted that petitioner had added the victim into a WhatsApp group by name 'BTS' and manipulated her in such a way that she succumbed to his demands. It was further submitted that if the petitioner is released on bail, there is every chance that he may repeat the offences not only with the victim but even with other children. It was further submitted that the final report has already been filed including Section 376 IPC as additional charge.

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 27.04.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. 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 co-operate with the trial of the case.

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

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.