IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Bail Appl..No. 1368 of 2010() --------------------------------- CRIME NO. 18/2010 OF KUNNAMANGALAM POLICE STATION .............. PETITIONER/ACCUSED : --------------------------- NIYAS.N.K., AGED 31 YEARS, S/O.KHADER, NALAKATH VEEDU, P.O.CHUNDEL, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENT/STATE : ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1368 of 2010 ------------------------------------ Dated this the 19th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 18/2010 of Kunnamangalam Police Station. 2. The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Sections 67 and 72 of the Information Technology Act. 3. The prosecution case is the following: The petitioner is a bus conductor. The de facto complainant was studying in an Engineering College. The petitioner and the de facto complainant got acquaintance during travel. In March, 2006, about a year after they got acquaintance with each other, the petitioner took the girl to kalpetta under some pretext or other. On that day, they stayed in a lodge and she was subjected to forceful sexual intercourse. The petitioner promised to marry the girl. Thereafter, for about four years, the relationship continued and the petitioner had sexual relationship with the girl at several places. The petitioner took the nude photographs of B.A. No. 1368 of 2010 2 the girl in his mobile phone. He published the same in the Internet. A relative of the girl told her that her nude photographs were available in the Internet. On verification, it was found to be true. It was also revealed that the petitioner is a married man and that he had made all false promises. 4. The matter was reported by the girl to the police on 23.01.2010 and crime was registered. The petitioner was arrested on 29.01.2010 and he was remanded to judicial custody. 5. The petitioner moved for bail before the court of the Sessions Judge, Kozhikode. The Bail Application was dismissed by the order dated 23.02.2010. The investigation has progressed thereafter. 6. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court for granting bail. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the B.A. No. 1368 of 2010 3 petitioner on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamangalam subject to the following conditions:- A) The petitioner shall not leave Thrissur District without the permission of the Judicial Magistrate of the First Class, Kunnamangalm, till the final report is filed or until further orders. B) The petitioner shall report before the District Superintendent of Police, Thrissur between 9 A.M. and 11 A.M. on every Monday and Thursday, till the final report is filed or until further orders. C) The petitioner shall appear before the Investigating Officer for interrogation as and when required. D) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class, Kunnamangalam within one week from the date of release on bail. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. B.A. No. 1368 of 2010 4 E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. The Registry will forward a copy of this order to the District Superintendent of Police, Thrissur. K.T. SANKARAN, JUDGE ln