Abin v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 Bail Appl..No. 7785 of 2015 -------------------------------------- CRIME NO. 32/2015 OF CYBER POLICE STATION,THIRUVANANTHAPURAM --------------------- PETITIONER(S)/ACCUSED NO.9:

---------------------------------------------- ABIN, AGED 22 YEARS S/O. SUBHASH, RESIDING AT ARYA, CHORANADU VADAMON P.O., ANCHAL, KOLLAM.

BY ADVS.SRI.S.CHANDRASEKHARAN NAIR SRI.RAJU GEORGE (KARUVATTA) RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-12-2015, ALONG WITH BA.NO.7903/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

PJ

A.HARIPRASAD, J.

-------------------------------------- B.A. Nos.7785 & 7903 of 2015 -------------------------------------- Dated this the 17th day of December, 2015 COMMON ORDER Applications for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioners accused in Crime No.32 of 2015 of Cyber Cell Police Station, Thiruvananthapuram. The case was registered suo motu by the Police for offences punishable under Section 67 of Information Technology Act, 2000, Section 5(A) (A), (b), (c) and (d) of Immoral Traffic Act and Section 370(1) read with Section 34 of the Indian Penal Code. The Police, on scrutiny of internet advertisements canvassing child sex trafficking They hacked the site and found that it contained pornographic photographs, sleaze comments and other details regarding flesh trade. On investigation, it was found that the accused persons are engaged in online sex racketing. Petitioner in B.A.No.7785 of 2015, who is the nineth accused in the crime, was arrested on 17.10.2015 and remains in custody therefrom. Petitioner in B.A.No.7903 of 2015, who is the second accused in the crime, was arrested on 20.10.2015 and remains in custody therefrom.

BA Nos.7785 & 7903/2015 3.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4.

Learned Prosecutor produced the case diary for perusal. It is seen that the petitioners are prima facie involved in the offences. The investigation has advanced to a considerable extent. Considering the nature of allegations and the number of days in custody, bail is granted to the petitioners with following conditions: i.

Petitioners shall be released on bail on each one of them executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate 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.

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

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

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

vi.

They shall not leave the State of Kerala without the

BA Nos.7785 & 7903/2015 permission of the lower court concerned.

vii.

They shall surrender their passports if any forthwith. If any one of them does not have a passport, he shall swear to an affidavit to that effect and submit it before the lower court concerned. If any of the above conditions is breached by the petitioners, the lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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