IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7124 of 2009() ------------------------------------ CRIME NO. 597/2009 OF AROOR POLICE STATION ..................... PETITIONER/ACCUSED: ---------------------------------- SUNNY JOSEPH, AGED 38 YEARS, KUNNUTHARAKALAM, EZHUPUNNA SOUTH P.O., CHERTHALA. BY ADV. SRI.C.K.SAJEEV RESPONDENT: -------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, KUTHIATHODE, CHERTHALA. 3. SUB INSPECTOR OF POLICE, KUTHIATHODE, CHERTHALA. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7124 of 2009 ------------------------------------ Dated this the 14th day of December, 2009 O R D E R Apprehending arrest by Kuthiathode police on an accusation of having committed non bailable offence, the petitioner has filed this application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure. 2. The learned Public Prosecutor submitted that Crime No. 597/2009 of Aroor Police Station was registered for the offence under Section 376 of the Indian Penal Code and Section 67 of the Information Technology Act. 3. The prosecution case is that the accused persons had taken the nude photographs of the victim girl. The mobile phone in the possession of the petitioner contained the said photographs. The petitioner informed the mother of the victim about the same. Accordingly, the mother of the victim informed the police and the crime was registered. The learned Public Prosecutor submitted that as of now, there is no case for the investigating officer that the petitioner has committed any offence. However, the only B.A. No. 7124 of 2009 2 thing to be ascertained is as to how the photographs happened to appear in the mobile phone of the petitioner and the police only wanted to ascertain the same. It is submitted by the learned Public Prosecutor that as of now, there is no intention to arrest the petitioner as he is not made an accused in the case. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed, reserving the liberty to the petitioner to approach this court again as and when occasion arises. K.T. SANKARAN, JUDGE ln