Shahjahan vs State Of Kerala And Ors

Application for regular bail.

Petitioner is the accused in Crime No.32 of 2021 of Kattakada Police Station in Thiruvananthapuram District registered for the offences punishable under Sections 354C of the Indian Penal Code and Sections 12, 11(iv) and 15 of the Protection of Children from Sexual Offences Act, 2012.

The petitioner has been in custody since 01.02.2021.

The prosecution allegation is that one day while the defacto complainant, a minor child was taking bath near her residential house, the petitioner had captured and video graphed the same in his mobile phone and thereafter transmitted the same to a lady and from her it was learnt by her that he had circulated her nude photographs taken by him secretly to so many persons. Thus he has been booked in this crime.

The learned counsel for the petitioner has submitted that he is suffering from very serious heart disease and had undergone angiogram while he was in jail. Now the investigation of the case is almost over and so further detention may not be required for the police and hence he has requested for his released on bail.

The learned Public Prosecutor would submit that the offences alleged against this petitioner are grave and serious in nature. The investigation of the case is well in progress and the mobile phone used by this petitioner has also been seized by the investigating agency.

Considering the present stage of investigation, the duration of the detention undergone by this petitioner in judicial custody and his health condition, I am inclined to release him on bail subject to the following conditions:-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) He shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall not enter into the limits of Kattakada Police station for a period of two months or till the final report is filed, whichever is earlier

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.