Anurag Haridas vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

The petitioner is the accused in Crime No. 176 of 2018 of Dharmadam Police Station, Kannur District. The above case is registered against the petitioner alleging offences punishable under Sections 66(d) and 67 of the Information Technology Act and the offence punishable under Section 354(d) of the Indian Penal Code (IPC).

The prosecution case is that, the petitioner created a fake face book account in the name of the defacto complainant by using her photo and sent obscene pictures and obscene messages through that account to his friends.

Heard the learned counsel for the petitioner and the learned public prosecutor.

The learned counsel for the petitioner submitted that the allegations against the petitioner are not correct. The counsel submitted that, no offence is made out against the petitioner. The counsel submitted that all the offences alleged against the petitioner are punishable for imprisonment of less than seven years. Therefore, the petitioner is entitled the benefit of the Full Bench decision of this Court. The counsel submitted that, the petitioner is ready to abide any conditions if this Court is granting bail to the petitioner.

The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that the custodial interrogation of the petitioner is necessary in this case.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. This crime is registered in the year 2018. Even now the investigating officer was not able to arrest the petitioner. Moreover, the investigation is also not completed even now. Probably, the investigating officer is waiting for the arrest of the petitioner.

There can be a direction to the petitioner to surrender before the investigating officer and to co-operate with the investigation. Considering the entire facts and circumstances of this case this bail application is allowed on stringent conditions.

Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons.

Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:

The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

The petitioner shall not leave India without permission of the Court;

The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic;

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.