AI Structured Summary
Not yet generated for this judgment
Judgment
This petition is filed under Section 438 of the Code of Criminal Procedure.
The petitioners herein are the accused Nos.1 and 2 in Crime No.653 of 2018 of the Njarakkal Police Station registered a under Sections 506,
354B, 509 of the IPC and under Section 119(b) of the Kerala Police Act, 2011.
The victim in the instant case is a housewife. The prosecution allegation is that the petitioners herein are neighbors of the victim and they are not
in good terms with the petitioners. It is alleged that the petitioners entered her house and showed some videos on their mobile phones. It was an
objectionable video containing explicit sexual acts and she was told that the persons seen in the video is the de facto complainant. She was
threatened that the video clip would be propagated in the social net work. According to the victim, she was later contacted by one of her relatives
and she was told that an objectionable video was being circulated in the social media and that it was being propagated as if it pertained to the
victim.
The learned counsel appearing for the petitioners submits that except for the offence under Section 119(b) of the Kerala Police Act, all the
offences are bailable. According to the learned counsel, the said provision may not strictly apply in the instant case as the prosecution has no case
that the videograph or photograph is that of the victim. It is purely based on hearsay is the submission.
The learned Public Prosecutor has very zealously opposed the prayer advanced by the learned counsel. It is submitted that the investigation is in
the early stages and prima facie there are materials point to the complicity of the petitioners. The victim is a married lady and the petitioners herein
had entered the residential home of the victim, criminally intimidated her and also threatened her with certain video clips and later uploaded it in the
internet.
I have considered the submissions advanced and have gone through the case diary. Having regard to the nature and gravity of the allegations,
the role attributed to the petitioners and the stage of investigation, I am of the considered view that this is not a fit case where this Court will be
justified in granting pre-arrest bail to the petitioners.
The learned counsel prays that a direction be issued to enable the petitioners to surrender before the jurisdictional court. I do not see any need
for issuance of any such directions. The petitioners shall surrender before the jurisdictional court and if an application for bail is filed, the same shall
be considered and orders shall be passed on its merits. This petition is dismissed.