Kalidasan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 Bail Appl..No. 7495 of 2015 () ------------------------------- CRIME NO. 72/2015 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ------------ PETITIONER/ACCUSED:

------------------------------------- KALIDASAN, S/O. ANILKUMAR,AGED 20 YEARS, KALEENDROM, CHERUKARAM, PULLAYIL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT/STATE:

------------------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY SR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.7495 of 2015 -------------------------------------- Dated this the 2nd day of December, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the sole accused in Kilimanoor Police Station Crime No.72 of 2015 is registered for offences punishable under Sections 66(E) and 67(B) of the Information Technology Act and Section 13(b) of the Protection of Children from Sexual Offences Act, 2012. He seeks bail. 3.

Case of the prosecution is that the petitioner proposed to the victim girl, a minor, and obtained her nude photographs. Thereafter, he transmitted the same through face book and whatsapp and thereby committed the offences.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner is in custody from 22.09.2015 onwards.

6.

Learned Prosecutor submitted that the investigation has advanced to a considerable extent.

Considering the facts and circumstances, bail is granted to the petitioners with following conditions:

BA No.7495/2015 i.

Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Special Judge having jurisdiction.

ii.

The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

iii.

Petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 and 11.00 a.m until final report is filed. iv.

Petitioner shall not indulge in any offence while on bail. v.

He shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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