Ratheesh vs State Of Kerala

This petition is filed under Section 439 of the Code of Criminal Procedure.

The petitioner herein is the accused in Crime no.1198 of 2016 of the Palode Police Station, Thiruvananthapuram District. The offence alleged is under Section 376 of the IPC as well as under Section 66(E), 67 and 67(A) of the Information Technology Act.

The petitioner was arrested on 14.2.2018. When the petition came up for hearing, the learned counsel submitted before this court that the victim is aged 50 years and the allegation is that earlier, on an impersonation as one Jasim, the petitioner had sexual relationship with her. It was about three years back. It is the further submission that earlier a complaint was filed against the petitioner herein and a Crime was registered for an offence under Section 354 of the IPC. It will be evident from Annexure A3.

Heard the learned Public Prosecutor.

Prosecutor submitted before this Court that the Crime in which now this bail application moved is registered when he started to publish in cyber world the video graph of the sexual acts which took place earlier wherein the consent was obtained by fraud.

After considering all the aspects and further keeping in mind that the petitioner was arrested on 14.02.2018 and the first remand period is over, I feel that bail can be granted on very strict conditions.

1). The petitioner shall be released on bail on his executing a bond for Rs. 25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the court below.

2).The petitioner shall appear before the Investigating Officer on all Saturdays in between 10 am and 12.00 pm for a period of two months.

3).Petitioner shall surrender his passport before the court below within 10 days of release from the jail. If he is not having a passport in his possession, he shall file an affidavit to that effect before the court below within the above stipulated time.

4). Petitioner shall not leave the State of Kerala without the prior permission of the court below.

5). The petitioner shall not influence or intimidate the witnesses.

6). The petitioner shall cooperate with the trial.

On the above conditions, this regular bail application is allowed.