Sreejith. T And Ors vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

Petitioners are the accused in Crime No.41/2018 of Cyber Crime Police Station, Thiruvananthapuram. The above case is registered against the

petitioners and others alleging offences punishable under Sections 67, 67A and 67B of the Information Technology Act, 2008 and Sections 354 and

506 IPC. The offences under Sections 13 and 14 of the POCSO Act is also alleged.

The prosecution case is that nude photographs of the daughter of the defacto complainant are circulated by the 1st accused and the allegation is

that it happened four years back from the date of the complaint. The case was registered in 2018.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The counsel for the petitioners submitted that the main allegation is against the 1st accused and he is already released on bail by this Court as per

Annexure 1 order. The counsel submitted that the petitioners are ready to abide any condition, if this Court grant them bail. The counsel also submitted

that another accused is also released by this Court as per the order in B.A No.7778/2020.

The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that petitioners are accused Nos.11, 6 and 10. The

Public Prosecutor submitted that as far as the 6th accused is concerned, there is serious allegation because he uploaded this video in the porn site. The

Public Prosecutor submitted that the petitioners may not be released on bail under Section 438 Cr.P.C.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. As per Annexure 1 order, this Court already released

the 1st accused on bail. The main allegation is against the 1st accused. Some other accused were also released on bail by this Court under Section 438

Cr.P.C. I don't want to make any observation about the merit of the case. It is a case registered in 2018. At this distance of time, there is no purpose

in sending these petitioners to jail. There can be a direction to the petitioners to surrender before the investigating officer and co-operate with the

investigation. Considering the entire facts and circumstances of the case, I think, this bail application can be allowed on stringent conditions.

Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the

Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this

Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons.

Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v

Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail

remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing

fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed

with the following directions:

The petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation.

After interrogation, if the Investigating Officer propose to arrest the petitioner, they shall be released on bail executing a bond for a sum of

Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned.

The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the

investigation and 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.

Petitioners shall not leave India without permission of the jurisdictional Court.

Petitioners shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

The petitioners shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.