Anoop Jeason vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.322 of 2023 of Thambanoor Police Station, Thiruvananthapuram, alleging commission of offences under Sections 376, 384 and 506 of the Indian Penal and under Section 67(A) of the Information Technology Act, 2000.

The prosecution allegation is that the accused, pretending to be in love with the defacto complainant, compelled her to share some intimate photographs with him and on 29.04.2022, while they were watching a movie in a cinema theatre, the accused committed the offence under Section 376 of the Indian Penal Code by inserting his finger into her private parts. It is alleged that the petitioner also collected an amount of Rs.30,000/- from the victim by threatening to circulate her nude photographs.

The learned counsel for the petitioner would submit that the petitioner had submitted an earlier application for anticipatory bail before this Court. It is submitted that the said anticipatory bail application was disposed of by Annexure-A1 order directing that the petitioner shall surrender before the Investigating Officer and he shall be produced before the learned Magistrate on the same day and any bail application filed by the petitioner shall be considered by the learned Magistrate on the day of production. It is submitted that the petitioner was arrested, while on the way to surrender before the Investigating Officer on 26.09.2023 and he was produced before the learned Magistrate only in the late evening of the same day. It is submitted that the bail application of the petitioner was considered by the learned Magistrate on 27.09.2023 and the bail application was dismissed by Annexure-A2 order. It is submitted that the petitioner has been in custody from 26.09.2023 and he has, therefore, completed more than 30 days in custody. It is submitted that the allegations against the petitioner being as above, the further detention of the petitioner is not necessary for the purposes of investigation into the crime registered against him.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing against the petitioner as contained in the First Information Statement of the victim is pointed to show that the allegations against the petitioner are serious. It is submitted that the investigation in the matter is progressing and grant of bail to the petitioner at this stage may not be conducive to the completion of investigation in a proper manner.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail. The petitioner has been in custody from 26.09.2023 and has completed more than 30 days in custody. The allegations against the petitioner are as noticed above. There is no allegation that the petitioner had actually circulated any pictures of the victim. No compelling reason is shown as to why the petitioner must be continued in custody for the purposes of investigation. Recoveries have already been effected. Therefore, I am inclined to grant bail to the petitioner subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.322 of 2023 of Thambanoor Police Station, Thiruvananthapuram as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the defacto complainant or any witness in Crime No.322 of 2023 of Thambanoor Police Station, Thiruvananthapuram;

(iv) The petitioner shall not enter the local limits of the Thiruvananthapuram District except for the purpose of complying with any condition imposed in this order until further orders or for the purposes of appearance before any Court.

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail.

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.322 of 2023 of Thambanoor Police Station, Thiruvananthapuram shall file an application before the jurisdictional Court for cancellation of bail.