Robert Alias Praveen vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioners are accused Nos.1 and 2 in Crime No.546 of 2022 of Anchuthengu Police Station, Thiruvananthapuram District, registered for the offences punishable under Sections 354, 354C, 406, 415, 420, 506(i), and 323 r/w Section 34 of the Indian Penal Code, 1860 apart from Sections 66(E), 67, 67(A) of the Information Technology Act, 2000.

The prosecution case is that, since 2018 onwards, the first accused had acquaintance with the defacto complainant and they had physical relationship on several times. Exploiting the relationship, the first accused collected an amount of Rs.1,50,000/- on various occasions by threatening to publish her photographs and videos recorded by him and later sent those photographs and videos to the 2nd accused, who in turn, forwarded it to the sister of the defacto complainant, and thereby the accused together committed the offences alleged.

Sri.P.Anoop Mulavana, the learned counsel for the petitioners, submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that petitioners were arrested on 09.12.2022 and that the continued detention is not essential, having regard to the nature of allegations.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious, and that the continued detention of the petitioners is essential.

I have considered the rival contentions. The first accused is alleged to have exploited the relationship with the defacto complainant and outraged her modesty. The accused are also alleged to have disseminated the photographs and videos of the defacto complainant recorded by him, to the 2nd accused as well as the sister of the defacto complainant. Even though the allegations are serious in nature, considering the period of detention already undergone, I am of the view that the continued detention of the petitioners would not serve any purpose. Therefore, the petitioners are entitled to be released on bail.

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

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

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

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioners  shall  not  commit  any  similar  offences while they are on bail.

(e) Petitioners 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.