Rahul v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Bail Appl..No. 8052 of 2015 () ------------------------------- CRIME NO. 896/2015 OF VARANTHARAPPILLY POLICE STATION. .......

PETITIONER/ACCUSED:

---------------------------------- RAHUL, AGED 25 YEARS, S/O. RAMACHANDRAN, PANIKKAVALAPPIL HOUSE, PAYYAKKARA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.G.SREEKUMAR (CHELUR), SRI.N.L.BITTO.

RESPONDENT/STATE OF KERALA:

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

BY PUBLIC PROSECUTOR SRI.ABHIJETT.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

-------------------------------------- B.A. No.8052 of 2015 -------------------------------------- Dated this the 18th day of December, 2015

ORDER

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

2.

Petitioner is the accused in Crime No.896 of 2015 of Varantharappilly Police Station registered for offences punishable under Sections 420 and 376 of the Indian Penal Code and Section 67A of the Information Technology Act. He seeks bail.

3.

Allegation is that the petitioner promised to marry the defacto complainant and sexually exploited her on several occasions. During the months of December, 2015 to November, 2015 petitioner published certain video clips through internet wherein pornographic pictures of the defacto complainant were transmitted.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner is in custody from 04.12.2015 onwards.

6.

Learned Prosecutor opposed the bail application. Considering the stage of investigation and the materials in the case diary, I am of the view that bail can be granted to the petitioner with

BA No.8052/2015 following conditions:

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 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.

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.

cks