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Judgment
Application for regular bail.
The petitioner is the second accused in Crime No.140 of 2021 of Mundakayam Police Station registered for the offences punishable under Sections
292(A) of the Indian Penal Code and Section 6(A) of I.T Act and Section 6 r/w Section 4 of the Indecent Representation of Women (Prohibition)
Act.
The petitioner has been in custody since 14.02.2021.
The prosecution allegation is that in the month of December 2020 when the defacto complainant entrusted her mobile phone to first accused, he
retrieved the nude pictures, which were deleted by the defacto complainant before entrusting it for repairing. Thereafter, the first accused forwarded
the nude pictures of the defacto complainant to the second accused and they together circulated the same through social media and thereby they have
committed the aforesaid offences.
Heard both sides.
According to the learned counsel for the petitioner that he has not committed any offence as alleged by the prosecution but he has been falsely
implicated in the case at the instigation of the defacto complainant. Even the first accused to whom the mobile phone was entrusted by the defacto
complainant had already been granted bail. Hence this application for his release on bail.
The learned Public Prosecutor has submitted that the investigation of the case is well in progress.
Having regard to the nature of the accusation levelled against this petitioner, the duration of the detention undergone by this petitioner in judicial
custody, the present stage of the investigation and the fact that the first accused had already been released on bail, I am inclined to release him on bail
subject to the following conditions:-
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties for the
like sum each to the satisfaction of the court having jurisdiction.
(ii) He shall be available before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) He 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 or tamper with the evidence.
(iv) He shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.