Nandakishore B vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.127/2022 of Ezhkone Police Station, Kollam District alleging commission of offences under Sections 506

of the Indian Penal Code and Section 67B of the Information Technology Act and Section 11 read with 12 of the Protection of Children from Sexual

Offences Act.

The allegation against the petitioner is that the petitioner obtained nude pictures of the victim girl who is a minor after intimidating her and thereby

he committed the offences alleged against him.

The learned counsel for the petitioner submits that the petitioner was arrested on 25-01-2022. It is submitted that the petitioner is only 19 years of

age and admittedly the petitioner has not even met the victim girl. It is submitted that his continued detention is not required for the purposes of any

investigation.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor points out that circumstances appearing against the petitioner. It is

submitted that the petitioner after obtaining the nude pictures of the victim had also shared the same with some of his friends. It is also submitted that

the petitioner had thereafter sold his mobile phone through the online trading platform, 'OLX'. However, the investigating agency has recovered the

mobile phone in question.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is only 19 years of age and also considering

the fact that his continued detention may not be necessary for the purposes of any investigation, I am inclined to grant bail to the petitioner subject to

conditions.

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.127/2022 of Ezhkone Police Station on every Saturday at 11 a.m until filing of final report;

(iii) The petitioner shall not interfere with the investigation, influence or intimidate the victim or any witness in Crime No.127/2022 of Ezhkone Police Station;

(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.127/2022 of Ezhkone Police Station may file an application before

the jurisdictional Court for cancellation of bail.