IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Bail Appl..No. 4500 of 2010() ---------------------------------- CMP.3090/2010 of J.M.F.C.-II,KOTTARAKKARA CRIME NO. 798/2010 OF KADAKKAL POLICE STATION .................... APPLICANT/IST ACCUSED : ------------------------------- NOUSHAD, S/O.SHAMSUDHEEN, ROSHAN MANZIL (SUBAIDA MANZIL), PARASALA MURI, PARASALA VILLAGE, NEYYATTINKARA. BY ADVS. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 4500 of 2010 ------------------------------------ Dated this the 28th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 385, 420 and 506(i) read with Section 34 of the Indian Penal Code and Sections 66E, 67A and 67 of the Information Technology Act. According to prosecution, defacto complainant and first accused were closely acquainted with each other and their intimacy developed into an illicit relationship. The defacto complainant's husband is working abroad. First accused took a naked video of defacto complainant and thereafter, showing the video, he started compelling her for sex. Likewise, he also demanded money Rs.1,00,000/- for not publishing the video. Thereafter, the nude video was transferred by first accused to the mobile phone of second and third accused. They, in turn transferred it to fourth accused and fourth accused to fifth accused and thereby, all of them committed the above offences. 3. Learned counsel for petitioner(A1) submitted that petitioner was arrested on 4.6.2010 and he is in custody for the B.A. No. 4500 / 2010 2 past 55 days. It is pointed out that even as per the allegations made by defacto complainant, petitioner and defacto complainant were having illicit relationship and no compulsion is involved. It is also submitted that petitioner was working as a Village Officer and he is aged only 27 years. He lost his job. 4. The investigation in this case is not yet completed. He is in custody for 55 days. The maximum period of detention for getting statutory bail is 60 days. Petitioner is prepared to abide by any condition imposed by this court and all other accused are on bail. 5. On hearing both sides, considering the various facts and circumstances and stage of investigation, I think that bail can be granted to petitioner on conditions. Hence, the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. B.A. No. 4500 / 2010 3 ii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition no.1. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioner is involved in any similar offence, his bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln