Arun Vignesh.G.Vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.2011/2023 of Perumbavoor Police Station, Ernakulam registered under Sections 354A(1)(i), 354(1)(ii), 354A(2), 354 D and 506 of IPC and Sections 12, 11(ii), 11(iv) and Section 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 67B of Information Technology Act, 2000.

The prosecution allegation is that, the petitioner enticed the minor victim girl through social media, and compelled her to send her nude pictures to him, and threatened her stating that, he would upload her naked photos in social media.

Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the 2nd respondent, the victim girl.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, both the petitioner as well as the victim girl are 19 years old, and they are having an affair. She suo motu sent her naked photographs to the petitioner, and he never misused the same. There is no serious objection for the 2nd respondent, in granting bail to the petitioner.

The petitioner is in judicial custody from 9/1/2024 onwards. Investigation has progressed substantially. In such circumstances, this Court is inclined to allow this petition on the following conditions:-

(i). The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

(ii) The petitioner shall appear before the Investigating Officer on alternate Fridays between 10.00am to 11.00am, starting from 9/2/2024 for a period of three months, or till the final report is filed, whichever is earlier.

(iii) The petitioner shall not try to contact the victim and shall not influence or intimidate her either directly or indirectly.

(iv) The petitioner shall not leave the limits of the State of Kerala without getting prior permission from the Trial Court.

(v) The petitioner shall not influence or intimidate the witnesses or tamper with the evidence;

(vi) The petitioner shall not commit any offence while on bail.

In case of violation of the bail conditions, the trial court is empowered to cancel the bail in accordance with law.