Shajahan.J 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.558/2022 of Palakkad Town South Police Station registered for the offences under Sections 457 and 354C of the Indian Penal Code, 1860 and Section 66 of the Information Technology Act, 2000.

Prosecution case is that, on 09.06.2022 between 10.00 p.m.and 11.00 p.m., the accused trespassed into the rented house of the defacto complainant at Ambalaparambu, Karingarapully and captured the image of the defacto complainant on his mobile phone through the ventilator of the bathroom and thereby committed the offences alleged against him.

Sri.R.Kishore, the learned counsel for the petitioner contended that the petitioner was arrested on 15.06.2022 and has been in custody since then. It was further submitted that the non-bailable offences alleged against the petitioner will not lie and that the continued detention of the petitioner is not warranted.

Sri.K.A.Noushad, the learned Public Prosecutor opposed the grant of bail and submitted that the petitioner has committed a heinous crime and that he does not deserve any leniency.

Considering the circumstances of the case and bearing in mind the fact that the petitioner was arrested on 15.06.2022, I am of the view that the continued detention of the petitioner is not required. Therefore, the petitioner is entitled to be released on bail.

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

(i) 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.

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

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) 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.