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Judgment
A. Badharudeen, J
Regular bail plea at the instance of the sole accused in crime No.967/2023 of Thenmala Police Station, Kollam, is the matter for consideration in this petition filed under Section 439 of the Code of Criminal Procedure.
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail. Perused the relevant documents placed by the learned Public Prosecutor in this case.
The prosecution case is that on 29.09.2023 and in between 15.06.2023 and 25.09.2023, the accused herein telephoned and used filthy languages against the de facto complainant, his wife and girl children from his mobile number and also forwarded morphed nude photos and thereby they were threatened, abused and their modesty was outraged. On this premise, the prosecution alleges commission of offences punishable under Sections 294(b), 506(1), 354(A)(I)(IV) of IPC and Sections 66(C) and 67 of Information Technology Act.
While pressing for regular bail for the petitioner, who has been in custody from 23.03.2024, the learned counsel for the petitioner would submit that the petitioner is innocent and there was attempt on the part of the victim and her parents to threaten the petitioner to squeeze money and in this regard, he has placed reliance on Annexure A7 to A18 documents, whereby the parents of the accused made complaints as early during the month of November, 2023. He also submits that the petitioner is now a candidate for the examination for the post of 'Assistant Manager, Kerala State Co-operative Bank Ltd,' scheduled to be held on 14.04.2024 in between 1.30 pm to 3.15 pm. In the above context, the learned counsel for the petitioner pressed for grant of regular bail to the petitioner with offer to co-operate with the investigation.
The learned Public Prosecutor opposed bail and submitted that the allegations are serious and the investigation is at primitive stage. Therefore, immediate release of the petitioner would stall the investigation. He also submitted that the petitioner has no criminal antecedents.
On perusal of the prosecution records, the prosecution case is well made out, prima facie, and effective investigation is absolutely necessary. However, having considered the fact that the investigation has achieved much progress, the petitioner, who has been in custody from 23.03.2024, a first-time offender, will also have to attend the examination for the post of 'Assistant Manager, Kerala State Co-operative Bank Ltd., as borne out from Annexure A21 hall ticket, I am inclined to release the petitioner on regular bail.
In the result, this bail application stands allowed. The petitioner is enlarged on regular bail on the following conditions:
i. The petitioner shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand Only), with two solvent sureties, each for the like amount to the satisfaction of the special court concerned.
ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.
iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of one month.
iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.
v. The petitioner shall not meet, disturb or to deal with the victim or her family members, personally or through telephone or through social media in any manner till the trial of the case and violation of this condition by itself would warrant cancellation of the bail hereby granted.