IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 6105 of 2011() --------------------------------------- CRIME NO. 271/2010 OF RANNI POLICE STATION, PATHANAMTHITTA DIST. --------------------------------------------------------------- PETTIONER (S) ACCUSED : -------------------------------------- JIJO JOSEPH, AGED 25 YEARS, S/O. JOSEPH, POOVANAL HOUSE, KARIKULAM P.O., MOTHIRAVAYAL, RANNI VILLAGE AND TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI. V.SETHUNATH SRI. PRAKASH KESAVAN RESPONDENT(S)/COMPLAINANT AND STATE : ---------------------------------------------------------------- 1. THE S.I OF POLICE, RANNI POLICE STATION, PATHANAMTHITTA DISTRICT - 689 672. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM , PIN. 682 031. BY PUBLIC PROSECUTOR SMT. S. HYMA . THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2011 , THE COURT ON THE SAME DAYPASSED THE FOLLOWING : NS P.S.GOPINATHAN, J ---------------------------- B.A. NO.6105 OF 2011 -------------------------- Dated this the 15th day of November, 2011. O R D E R Petitioner, who is the accused in Crime No.271/2010 of Ranni Police Station for the offence under Section 469 I.P.C and Sections 66 & 67 of the Information Technology Act, 2000, seeks an order directing the respondent to release the petitioner on bail in the event of arrest. 2. Having heard either side, I find that the allegation against the petitioner is that he had taken nude photos of the daughter of the defacto complainant and it was transmitted to other persons and thereby harmed the reputation of the daughter of the defacto complainant. The case was registered as early as on 10-05-2010. So far the petitioner was not arrested. The petitioner had got ample opportunity to apply for regular bail. 3. In the above circumstance, having regard to the nature of the crime, I find that there is no compelling circumstance to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. B.A. NO.6105 OF 2011 2 In the result, this petition is dismissed with liberty to apply for regular bail, which shall be considered by the learned Magistrate and pass appropriate orders without any delay. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge