Mr.X vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.483/2021 of Pathanamthitta Police Station alleging commission of offences under Sections 67 (A), 67 (B) (b) of the Information Technology Act, Section 354 (D) (2) of the Indian Penal Code read with Sections 11 (ii), 11 (iv) and 12 of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that he had sent obscene videos and photographs to the victim girl who is none other than his cousin sister. It is also alleged that the petitioner had later deleted all the photographs that were sent to the victim girl.

The learned counsel for the petitioner submits that the only allegation against the petitioner is that he had sent obscene pictures and photos to the mobile phone of the petitioner. He also points out to the fact that the victim girl specifically states that no one had sexually assaulted her in any manner. He also submits that the mobile phone of the petitioner has already been recovered by the police.

The learned Public Prosecutor on instructions would submit that the mobile phone of the petitioner has been recovered by the police and the investigation in the matter is progressing. It is submitted that other than the petitioner, the victim had revealed the names of others also who had sent similar content to the mobile phone of the victim girl. It is submitted that those persons have also been arrayed as accused in this case and their mobile phones have also been recovered.

Having regard to the totality of the facts and circumstances of the case and considering the fact that the mobile phone of the petitioner has already been recovered, I am of the view that the custodial interrogation of the petitioner is not necessary for further investigation into the crime registered against him.

In the result this application is allowed and it is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.483/2021 of Pathanamthitta Police Station subject to the following conditions:-

(i) Petitioner shall execute 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) Petitioner shall appear before the Investigating officer in Crime No.483/2021 of Pathanamthitta Police Station as and when summoned to do so;

(iii) Petitioner shall not attempt to contact the victim or interfere with the investigation or to influence or intimidate any witness in Crime No.483/2021 of Pathanamthitta Police Station;

(iv) 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.483/2021 of Pathanamthitta Police Station may file an application before the jurisdictional Court for cancellation of bail.