Deepu Thomas And Ors vs State Of Kerala And Ors

Application for pre-arrest bail.

The petitioners who are accused Nos.1 and 2 in Crime No.19 of 2021 of Parassala Police Station registered for the offences punishable under Sections 498 A read with Section 34 of the Indian Penal Code and Section 67 A of Information Technology Act, 2000 have filed this application apprehending arrest.

The prosecution case is that the first petitioner with the intention to lead a luxurious life developed intimacy with the defacto complainant and received gold ornaments and money from her. Later he has married her and while residing together as husband and wife, he used to take her to various lodges and forcefully made her to call through Mingle2 media with the intention to earn money by circulating her nude photos. The money thus collected had been transferred to his account and later he tortured and harassed her both mentally and physically. He has also misappropriated her gold ornaments and money and thereby committed the aforesaid offences along with the second accused.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners submitted that they are totally innocent of the allegations levelled against them. In fact the defacto complainant and the first petitioner were living together as husband and wife till she was taken by her father to his house in connection with her pregnancy. On 12.12.2020 she delivered a child. But the petitioners were not permitted to see the child. After her delivery this false complaint has been filed against the petitioners.

The learned Public Prosecutor has opposed the application and submitted that the investigation of the case is only in progress. It is pointed out by him that he used to earn money misusing his relationship with the defacto complainant and transferred the amount by selling her nude photographs and video. Therefore, more time is required for conducting investigation of the case. So far the involvement of the second petitioner is not revealed and for that also time is required. Hence, the application is opposed.

The second petitioner is the mother of the first petitioner. The materials so far collected by the investigating agency will not reveal that the second petitioner has active participation in committing the offence as alleged by the defacto complainant. Though crime was registered against her also, the investigating agency could not succeed in their attempt to procure materials so as to connect the second petitioner with the alleged crime. Therefore, the second petitioner is entitled to get pre-arrest bail subject to certain conditions.

But as far as the case of the first petitioner is concerned, the investigation is only in preliminary stage and the materials available on record and collected by the investigating agency reveals a strong prima facie case against him. Gravity of the offences alleged against him is very serious in nature. If he is released on bail there is every possibility to intimidate the defacto complainant. Such being the case, I think that it is not proper to grant pre-arrest bail so far as the first petitioner is concerned. Therefore this petition is disposed of granting pre-arrest bail to the second petitioner alone, subject to the following conditions:

(i) The petitioner shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-operate with the investigation of the case.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Petition with respect to the first petitioner will stand dismissed. Bail application is disposed of accordingly.