Nithin Paulose vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.1132 of 2021 of Kadavanthra Police Station, alleging commission of offences under Sections 323, 341 354, 354(D) & 509 of the Indian Penal Code and Section 67 of the Information Technology Act.

The allegation against the petitioner is that the petitioner wrongfully restrained the de facto complainant and caught hold of her hand and attempted to disgrace her and also slapped on her face on account of the reluctance shown by the de facto complainant to continue her relationship with the petitioner. It is also alleged that the petitioner uploaded certain photographs of the de facto complainant by creating a false instragram account in her name and circulated the pictures to the friends and relatives of the de facto complainant.

The learned counsel for the petitioner submits that even going by the contents of the First Information Statement, the petitioner and the de facto complainant were in love with each other. It is also submitted that the petitioner is innocent of the allegations levelled against him and that the allegations are raised because the parents of the de facto complainant are not in favour of the relationship between the petitioner and the de facto complainant. It is submitted that the petitioner is in custody since 07.11.2021 and, at any rate, further detention of the petitioner is not necessary for the purpose of the investigation in the case.

I have heard the learned Public Prosecutor. The learned Public Prosecutor submits that the investigation in the matter is progressing and that the grant of bail to the petitioner may affect the progress of the investigation. It is also submitted that if, at all, bail is granted to the petitioner, it may be on sufficient conditions to ensure that the investigation in the matter is not affected in any manner. It is also submitted that if bail is being granted, an appropriate condition must be incorporated to ensure that the petitioner does not intimidate the de facto complainant or any witness in the case.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody since 07.11.2021 and also considering that fact that further detention of the petitioner may not be necessary for a proper investigation of the case, I am of the view that the petitioner can be released on bail subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The 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;

(2) Petitioner shall appear before the investigating officer in Crime No.1132 of 2021 of Kadavanthra Police Station, every Saturday at 11.00 AM until further orders;

(3) The petitioner shall not enter the local limits of Kadavanthra Police Station except for the purpose of complying with condition No.2 above;

(4) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.1132 of 2021 of Kadavanthra Police Station;

(5) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(6) 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.1132 of 2021 of Kadavanthra Police Station, may file an application before the jurisdictional court for cancellation of bail.