XXXXXXXXXX vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.19/2022 of Ottapalam Police Station, alleging commission of offences under Sections 354D and 506 of the Indian Penal Code and Section 12 r/w. Section 11(iv) and (v) and Section 15(1) of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that the petitioner obtained intimate photographs and videos of the victim from her friend one Nityan and thereafter started stalking and threatening the victim stating that her pictures and videos would be shared with other persons, if she did not agree to have a relationship with the petitioner.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner had informed the parents of the girl regarding her relationship with the aforesaid Nityan and the complaint was filed only on account of animosity arising out of the same. It is submitted that the petitioner has been in custody for 55 days and that his continued detention is not necessary for the purposes of any investigation.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the offences alleged against the petitioner are serious. It is submitted that a reading of the First Information Statement shows clearly that the petitioner committed the offences alleged against him. It is submitted that the petitioner has criminal antecedents in as much as Crime No.18/2019 alleging commission of offences under Sections 143, 147, 148, 323, 324, 326, 153, 353, 332, 333 & 427 r/w. Section 149 of the Indian Penal Code and Section 3(1) and 3(2)(c) of Prevention of Damage to Public Property Act, has been registered against the petitioner at Ottapalam Police Station. It is submitted that the petitioner is not entitled to be released on bail.

The learned counsel for the petitioner, in reply, submits that a final report has not been filed in the matter so far. It is submitted that considering the nature of the offences alleged against the petitioner, he may be entitled to statutory bail on completion of 60 days in custody.

Having regard to the facts and circumstances of the case and considering that the petitioner has been in custody for 55 days, I am of the opinion that the petitioner can be granted bail as his continued detention is not necessary for the purposes of any investigation.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating officer in Crime No.19/2022 of Ottapalam Police Station, as and when called upon to do so;

(iii) The petitioner shall not enter the local limits of Ottapalam Police Station till 30.6.2022;

(iv) The petitioner shall not attempt to contact the victim or interfere with the investigation or to influence or intimidate any witness in Crime No. 19/2022 of Ottapalam Police Station;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 19/2022 of Ottapalam Police Station, may file an application before the jurisdictional Court for cancellation of bail.