IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3006 of 2009() ----------------------------- CRIME NO.351/2009 OF VADAKARA POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ NOUSHAD, S/O.HAMEED KUTTY, AGED 32 YEARS, RESIDING AT AL-AAFA MANZIL, PATHARAM P.O., KIDANGAYAM NADUVIL (VIA), KUNNATHOOR TALUK, KOLLAM DISTRICT, KERALA. BY ADV. SRI.RAJIT SRI.RANJIT BABU SRI.M.L.SURESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.3006 of 2009 ----------------------------------- Dated this the 16th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No. 351 of 2009 of Vadakara Police Station. 2. The offences alleged against the petitioner are under Sections 292 and 354 of the Indian Penal Code read with Section 34 and Section 67 of the Information Technology Act. The petitioner was arrested on 7.5.2009 and he is in judicial custody. Accused Nos.2 and 3 were released on bail. 3. The prosecution case is that the first accused who was engaged in gardening work enticed the defacto complainant's daughter, took her to Calicut, stayed in a lodge near the railway station for a short time and took her nude photographs in the mobile phone. Subsequently, it is stated that the memory card was lost which came to the hands of a boy, who had given his mobile phone to the video shop of the second accused for recording certain songs. The second accused took advantage of that opportunity and copied the nude photographs in his computer and kept it in the pen drive. That BA No.3006/2009 2 was utilised for supplying copies of those nude photographs to the customers of the second accused at the rate of Rs.20/- per copy. The defacto complainant's daughter attempted to commit suicide as the news had spread in the locality that her nude photographs are available to the other persons in the locality. It is also stated that the local people manhandled the first accused and he sustained some injuries. 4. 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 petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vadakara, 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, till the final report is filed or until further orders; b) The petitioner shall not leave the territorial limits of Vadakara Police Station without prior permission of the Judicial Magistrate of First Class- Vadakara. BA No.3006/2009 3 c) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 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 csl