Jyothish vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed under Section 439 Cr.P.C. for regular bail.

The petitioner is the sole accused in Crime No.839 of 2022 of Oonnukal Police Station. The offences alleged against the petitioner are under Sections 354A(1)(iii), 354A(1)(iv), 354D(1)(ii), 506 of IPC and Section 12 r/w 11(iv), 11(v) of the Protection of Children from Sexual Offences Act, 2012.

The allegation against the petitioner is that the accused sent messages and his nude photographs through Whatsapp to the phone used by the victim, aged 13 years, and later he insisted the victim to send her nude photographs, thereby persuading her to send semi-nude photos. He again compelled the victim to send fully nude photos by threatening her and the complaint was submitted in such circumstances, based on which the crime was registered. The petitioner was arrested in connection with the investigation of the said case on 16.12.2022, and since then, he is under judicial custody.

The learned counsel for the petitioner submits that he is innocent of all the allegations. He is falsely implicated in the said case. It is further submitted that he is prepared to abide by any conditions imposed by this Court.

On the other hand, the learned Public Prosecutor would oppose the said contention. According to him, there are specific allegations against the petitioner, and he was also involved in another crime, i.e., Crime No.690 of 2022 of Perumbavoor Police Station, which is now pending as S.C.No.797 of 2022 before the Fast Track Special Court, Perumbavoor. Offences alleged therein are under Sections 363, 365, 354 D and Section 109 IPC and also under Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012. Further, it is submitted that the investigation in this case is over, and final report has already been submitted.

In response to the said contention, the learned counsel for the petitioner submits that in the previous crime referred to by the learned Public Prosecutor, no specific allegations are raised against the petitioner. He is the 3rd accused therein. According to him, the main allegations therein are against A1 and A2 therein and to substantiate the same, he made available a copy of the FIS in the said case.

I have gone through the records and heard the contentions raised from either side. Now the petitioner has been in custody since 16.12.2022, and the investigation is already completed. As regards the previous offences allegedly committed by the petitioner, on going through the FIS in the said case, it appears that there is some force in the contention put forward by the petitioner with regard to the limited role of the petitioner in the commission of the said crime. In such circumstances, taking into account the period of detention the petitioner had already undergone and the fact that the final report in this case is filed, I am of the view that the petitioner can be released on bail subject to conditions.

Accordingly, this bail application is allowed. The petitioner is directed to be released on bail subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer and also before the trial court as and when required

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.