Sanal. K 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.

Petitioner is the accused in Crime No.1506/2022 of Ernakulam Town South Police Station, Ernakulam, alleging offences punishable under Sections 454 and 354 of the Indian Penal Code 1860, apart from Section 119(b) of the Kerala Police Act, 2011 and Section 66E of the Information Technology Act, 2000.

According to the prosecution, the accused had installed a pen camera inside the bathroom of the defacto complainant’s house on 13.12.2022 and recorded her nude photographs and outraged her modesty and thereby committed the offences alleged.

Sri.Jayaraj Nambiar, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 18.12.2022 and has been in custody since then.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious, and that if the petitioner is released on bail at this juncture, prejudice would be caused to the investigation.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 18.12.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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 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.