Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 PETITIONER: BY ADVS. E.S.FIROS P.THOMAS GEEVERGHESE RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. SRI. NOUSHAD K A (SR. PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for regular bail.
2. The petitioner is the accused in Crime No.1100 of
2023 of Thoppumpady Police Station, Ernakulam District, alleging commission of offences under Sections 363, 376, 376(2) (n), 323, 447, 427 and 506 of the Indian Penal Code and Section 4(1) r/w 3(a), 3(d), 6(1) r/w 7, 11 r/w 12, 13(a)(c) r/w 14 and 15 of the POCSO Act and 67A, 67(B)(b), 67(B)(e) and 66E of the Information Technology Act. The allegation against the petitioner is that on 04.05.2023 at about 08.15PM, the accused took the 17 year old victim on his bike to his house and sexually assaulted her. Thereafter, it is alleged that the petitioner/accused uploaded the pictures of the petitioner and the minor victim in compromising positions his on whatsapp status and on his instagram story and thereby he committed the offences alleged against him.
3. The learned counsel appearing for the petitioner
would submit that the petitioner has been in custody from 03.08.2023. It is submitted that the petitioner and the victim were in a relationship. It is submitted that the allegation that certain nude photographs of the victim were uploaded on social media is absolutely incorrect. It is submitted that the continued detention of the petitioner is totally unnecessary in the facts and circumstances of the case.
4. The learned Public Prosecutor vehemently opposes
the grant of bail. A statement given to the police by a close friend of the victim, who first noticed the images uploaded by the petitioner on whatsapp/instagram, is also placed before me to show that not only had the petitioner sexually assaulted the victim, he also uploaded the pictures of the victim on whatsapp and instagram. It is submitted that though the petitioner has a case that the petitioner uploaded the pictures only on account of a break up in the relationship between the petitioner and the victim, that cannot be a ground to justify the action of the petitioner. It is submitted that the investigation is progressing and it may not be conducive to grant bail to the petitioner at this stage. It is also pointed out that there are allegations that the petitioner had also visited the house of the victim and had threatened her by breaking a glass pane on the window of her house.
5. Having heard the learned counsel for the petitioner
and the learned Public Prosecutor, I am of the opinion that the petitioner is not entitled to bail at this stage. The allegations against the petitioner are serious. The act of the petitioner has caused much trauma to the minor victim. The petitioner has even uploaded pictures of himself with the victim on whatsapp/instagram. Even if this Court were to take into consideration of the fact that the minor victim had been in a relationship with the petitioner, the fact that the victim is a minor compels this Court to take the view that her consent for any act of the petitioner cannot be a ground to direct the release of the petitioner on bail at this point of time. The investigation in the case is only progressing. There is also an allegation against the petitioner that he had threatened the victim by trespassing into her house and breaking a glass pane of her house. This also cannot be discounted.
The bail application is therefore, dismissed. Sd/- GOPINATH P. JUDGE DK