Nishal.O.P vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.522 of 2022 of Cherpulassery Police Station, Palakkad District. The offences alleged against the petitioner are punishable under Sections 354D(1)(2) and Section 509 of the Indian Penal Code,1860 apart from Section 67A of the Information Technology Act, 2000.

According to the prosecution, on 15-09-2022 the accused morphed the photos of the defacto complainant as obscene photos and circulated the same through social media with the intention to outrage her modesty and thereby committed the offences alleged.

Smt.P.Mamatha, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred.

Sri. Noushad K.A., the learned Public Persecutor opposed the grant of bail and contended that the allegations are serious, especially since the petitioner is alleged to have morphed the photographs of his teacher. It was also pointed out that there is a criminal antecedence for the petitioner

I have considered the rival contentions. The allegations against the petitioner are serious in nature. However, considering the age of the petitioner and also the period of detention already undergone, I am of the view that the petitioner can be released on bail under strict conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or his/her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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