Full Judgment
BAIL APPL. NO. 6115 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 BAIL APPL. NO. 6115 OF 2023 PETITIONER/ACCUSED: BIJU M AGED 44 YEARS S/O MOHANAN, PUTHEN VEETTIL THEKKATHIL,KANNAMPALLY BHAGOM, KAYAMKULAM, KAYAMKULAM, KEERIKKAD (PART), ALAPPUZHA, PIN - 690502
RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SRI.HRITHWIK C.S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 6115 OF 2023 2 ZIYAD RAHMAN, A.A, J BA No.6115 of 2023 Dated this the 1st day of August, 2023
ORDER
This is an application for Regular bail.
2. The petitioner is the accused in Crime No.252/2023 of
Kanakakunnu Police Station, Thiruvananthapuram District. The said crime was registered for the offences punishable under Sections 447, 354 C, 354 D(i) (2) of IPC, 11(iv) r/w 12 of POCSO Act, 2012 and Section 66 E of IT Act.
3. The prosecution case is that, on 21.06.2023, at 8 pm, the
petitioner trespassed into the house of the victim, a girl 13 years, and captured nude photo graphs of the victim through the ventilator of the said house. In connection with the incident, the petitioner was arrested on 28.06.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.
4. Heard Sri.Basil Chandy Vavachan, the learned counsel appearing for the petitioner and Sri.Hrithwik C.S, the learned Senior Public Prosecutor appearing for the State.
5. I have carefully gone through the records. It is true that
BAIL APPL. NO. 6115 OF 2023 3 there are specific allegations against the petitioner. However, it is seen that the petitioner has been in custody since 28.06.2023 and there is substantial progress in the investigation. The gadget which was used for capturing the photographs were already recovered. No criminal antecedents of the petitioner was also brought to my notice. In such circumstances, taking note of the period of incarceration he had undergone, I do not find any necessity to keep the petitioner under detention any further.
Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions:- 1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. 2) The petitioner shall fully cooperate with the investigation. 3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. 4) The petitioner shall appear before the Investigating Officer as and when required. 5) The petitioner shall not commit any offence of similar nature while on bail. 6) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any BAIL APPL. NO. 6115 OF 2023 4 witnesses or other persons related to the investigation. 7) The petitioner shall not leave India without the permission of the jurisdictional court. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN, A.A, JUDGE R.AV