IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 6484 of 2009() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6081/2009 Dated 21/10/2009 CRIME NO. 336/2009 OF PONKUNNAM POLICE STATION .................... PETITIONER/ACCUSED NO.12: -------------------------------------------- SHAJI P.C., S/O. CHELLAPPAN, PLAPPALLIL HOUSE, EDATHAMPARAMBU, PONKUNNAM P.O., CHIRAKKADAVU. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CR.NO.336 OF 2009 OF PONKUNNAM POLICE STATION). BY SRI. SIVAKUMAR K.S. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6484 of 2009 ------------------------------------ Dated this the 10th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 336/2009 of Ponkunnam Police Station. 2. The offences alleged against the petitioner are under Sections 328 and 376 of the Indian Penal Code and Section 67 of the Information Technology Act. 3. The gist of the prosecution case is the following: The defacto complainant was an employee in Wintec Computers run by the petitioner. The allegation is that after administering some intoxicating substances or sedatives in food and drinks, the petitioner subjected her to sexual intercourse. Later, he took the nude photographs of the de facto complainant. She was being threatened by the petitioner showing the nude photographs to her and he indulged in sexual intercourse with her against her will. The petitioner even threatened that the nude photographs would be published. The de facto complainant was appointed as a teacher in a school. Later, on account of the B.A. No. 6484 of 2009 2 harassment by the petitioner, she had to resign that job and come back again to the computer centre of the petitioner. Sexual harassment continued. Later, she got a job in Ernakulam. There, she met another man and fell in love with him. That man proposed to marry her. The allegation is that the petitioner had shown the nude photographs of the petitioner to that man and thereupon the marriage proposal was withdrawn. It is also alleged that the petitioner published the nude photographs in mobile phones and internet. The petitioner was arrested on 20.08.2009 and he was remanded to judicial custody. The petitioner moved an application for bail before the learned Sessions Judge, which was dismissed as per the order dated 05.10.2009. 4. Bail Application No. 6081/2009 filed by the petitioner for bail was dismissed by this court on 21.10.2009. 5. It is submitted that the investigation is at the final stage. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 6484 of 2009 3 petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kanjirapilly subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for two months and thereafter on all Mondays until the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not enter the limits of Ponkunnam Police Station for a period of one month except for complying with conditions A and B. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial B.A. No. 6484 of 2009 4 activity while on bail. F) 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. K.T. SANKARAN, JUDGE ln