Jithu Reji vs State Of Kerala

Gopinath P, J

This is an application for regular bail

The Petitioner is the accused in Crime No.532/2022 of Panangad Police Station, Ernakulam District which was originally registered as Crime No.166/2022 of Walayar Police Station, Palakkad District alleging commission of offences punishable under Section 67(B) of Information Technology Act and 14 r/w 13(a)(c) of Protection of Children from Sexual Offences (POCSO) Act.

The allegation against the petitioner is that the petitioner was found in possession of certain intimate photographs of a minor girl who was studying in 10th standard and thereby he committed the offences alleged against him

The learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter and he has been falsely implicated. It is submitted that the petitioner has been in custody for 30 days and his continued incarceration is not necessary in the facts and circumstances  of  the  case.It  is  submitted  that  the petitioner is a 22 year old boy and further incarceration will cause serious prejudice.

The learned Public Prosecutor points out the facts and circumstances of the case from the record.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and taking a lenient view on account of the fact that the petitioner is a 22 year old boy, I am of the view that the petitioner can be directed to released on bail especially considering the fact that he has already been in custody for 30 days.

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.532/2022 of Panangad Police Station, Ernakulam District as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.532/2022 of Panangad Police Station, Ernakulam District;

(iv) 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.532/2022 of Panangad Police Station, Ernakulam District may file an application before the jurisdictional Court for cancellation of bail.