Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 CRIME NO.69/2022 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED: ABHIRAM AGED 24 YEARS S/O RAMACHANDRAN NAIR A., RESIDING AT ACHU BHAVAN, IRUMBA, ARUVIKKARA P.O., THIRUVANANTHAPURAM DIST., PIN - 695564 BY ADVS. S.JUSTUS ARYA HARSHAN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SRI.P.G.MANU, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 31st day of March, 2023 This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure by the sole accused in crime No.69/2022 of Aruvikkara Police Station, Thiruvananthapuram.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor
3. I have perused the relevant documents form part of the case diary placed by the learned Public Prosecutor.
4. The prosecution allegation is that at about 9.15
hours on 16.01.2022 the accused herein watched and downloaded pornographic videos of children (below 18 years age) and the same was detected on checking his mobile phone. This is the base, on which the prosecution alleges, commission of offences punishable under Sections 67A and 67B of the Information Technology Act, 2000.
5. The learned counsel for the petitioner pointed out the innocence of the petitioner and also offered co-operation in the matter of investigation, while pressing for grant of anticipatory bail to the petitioner.
6. The learned Public Prosecutor zealously opposed grant of bail to the petitioner, highlighting the seriousness of the offences alleged to be committed by the petitioner.
7. In this matter, no criminal antecedents reported in
so far as the petitioner is concerned. Though the learned Public Prosecutor strongly opposed bail, pointing out the seriousness of the ofences, I am of the view that investigation in this case is possible even without custodial interrogation of the petitioner. Therefore, the petitioner can be enlarged on anticipatory bail, with specific direction to him to subject himself for interrogation and recovery, if any, for the purpose of investigation. Accordingly, this petition stands allowed and the petitioner is enlarged on anticipatory bail, on the following conditions:
1. The petitioner shall surrender before the
Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner and record his statement and effect recovery, if any. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself.
2. On such production, the jurisdictional court
shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.
3. The petitioner shall co-operate with the investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.
4. The petitioner shall not intimidate the witnesses or interfere with the investigation in any manner.
5. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. Sd/- A. BADHARUDEEN JUDGE nkr