Astal Antony vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1533 of 2021 of Vattiyoorkavu Police Station, Thiruvananthapuram District, alleging commission of

offences under Sections 354D(1)(i) and 506 of the Indian Penal Code, Section 12 read with Section 11(iv)(v) and Section 15 of the POCSO Act and

Section 67B of the Information Technology Act. The allegation against the petitioner is that he befriended the victim girl and thereafter, forced her to

share with him her intimate pictures and videos under the promise that the same would be deleted immediately and thereafter, threatened the victim

that the pictures and the videos will be uploaded on social media. There is no allegation that any pictures were shared or uploaded on social media by

the petitioner.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner had not

threatened the victim in any manner. It is submitted that the petitioner and the victim were in a relationship and she had shared the pictures in question

voluntarily. It is submitted that the petitioner has been in custody from 14.01.2022 and his continued detention is not necessary for the purpose of any

investigation.

The learned Public Prosecutor refers to the First Information Statement and points out the circumstances appearing against the petitioner. It is

submitted that the investigation is progressing and the release of the petitioner on bail at this point of time may not be conducive as there is every

chance that the victim may be influenced or intimidated by the petitioner.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner and considering that his

continued detention may not be necessary for the purpose of investigation, I am of the view that the petitioner can be granted bail subject to

conditions.

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

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

Jurisdictional Court;

(2) The petitioner shall report before the investigating officer in Crime No.1533 of 2021 of Vattiyoorkavu Police Station, Thiruvananthapuram District, on every

Saturday at 11.00AM until filing of final report;

(3) The petitioner shall not enter Thiruvananthapuram District, except for the purpose complying with condition No.2 or for appearing before the Court or before any

authority;

(4) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.1533 of 2021 of Vattiyoorkavu

Police Station, Thiruvananthapuram District;

(5) 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.1533 of 2021 of Vattiyoorkavu Police Station, Thiruvananthapuram

District, may file an application before the Jurisdictional Court for cancellation of bail.