In The Matter Of Joy Bose vs State

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The

petition is taken up through video conference on the basis of such undertaking.

The petitioner says that since he is in police service, any custodial detention would ruin the petitioner's career.

The State, however, refers to the complaint of the victim and the categorical statement recorded by the victim under section 164 of the Code. There

are allegations of compromising photographs of the de facto complainant being taken and the petitioner threatening the de facto complainant with such

photographs.

Without expressing any moral judgment, it is evident that to an extent the de facto complainant may have participated with the petitioner. However,

whatever may have been the liberty that the de facto complainant may have allowed the petitioner to take, no latitude can be shown to any person

trying to threaten a woman after obtaining her compromising photographs.

Considering the material and the circumstances, the petitioner is entitled to anticipatory bail. However, if any compromising photograph of the de facto

complainant surfaces in any forum in any manner or form, the petitioner's bail will stand cancelled and the petitioner will be taken into custody

immediately.

Subject to the above, in the event of arrest, the petitioner will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees Ten Thousand only)

together with personal release bond of equivalent value to the satisfaction of the arresting officer.

The petitioner will also comply with the conditions laid down in section 438(2) of the Code and make no attempt to contact the de facto complainant till

the investigation is completed. CRM 5117 of 2020 and CRAN 3392 of 2020 are disposed of.