Nizar vs State Of Kerala

Ziyad Rahman A.A., J

This is an application for regular bail filed under Section 439 of Cr.P.C.

The petitioner is the sole accused in Crime No.1455 of 2021 of Poovar Police Station, Thiruvananthapuram. The offences alleged against the

petitioner is under Sections 420 I.P.C and 66 (d) of Information Technology Act and 120 (o) of Kerala Police Act.

The case against the petitioner is that, the petitioner with an intention to deceive public and to raise money, downloaded the photograph of the son of

the de facto complainant aged 2 years and edited the photo and circulated in certain whatsapp groups highlighting that the child requires a heart

surgery which cost around Rs.75 lakhs and thereby attempted to raise funds from the public. In connection with the above crime, the petitioner was

arrested on 20.07.2021 and since then he is under judicial detention.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner points out that he is innocent of all the allegations. It is further points out that, no amounts were also collected

from the said publications. He submits that the petitioner is ready to abide by any conditions and he prays for granting of bail.

On the other hand, learned Public Prosecutor seriously opposes the application and submits that the petitioner is involved in the matter and he

cannot be granted bail at this juncture.

It is evident from the records that the materials to be collected as part of investigation are digital records. The petitioner is already in custody since

20.07.2021 and apparently the devices through which the publications were allegedly made were already taken into custody. So, no further recovery is

to be effected. In such circumstances, this Court is of the view that, further incarceration of the petitioner may not be necessary. In the above

circumstances, this application is allowed, the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the

satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

(iv) The petitioner shall also appear before the Investigating Officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with

the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.