Kerala High Court
Unknown vs By Adv.Sri.Nireesh Mathew on 27 July, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 27TH DAY OF JULY 2018 / 5TH SRAVANA, 1940
Bail Appl..No. 5075 of 2018
CRIME NO. 661/2018 OF MANKARA POLICE STATION , PALAKKAD
PETITIONER(S)/ACCUSED NO.2
RAJEESH,
AGED 32 YEARS, S/O.GOPALAKRISHNAN,
KALARIKKAL HOUSE, PARIYASSERY,
MANKARA, PALAKKAD DISTRICT.
BY ADV.SRI.NIREESH MATHEW
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
BY SENIOR PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-07-2018 ALONG WITH
B.A.NO.5076 OF 2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IAP
R. NARAYANA PISHARADI, J.
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B.A.Nos.5075 of 2018 &
5076 of 2018
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Dated this the 27th day of July, 2018
ORDER
These applications for bail are filed under Section 439 of the Code of Criminal Procedure.
2. The petitioner in Bail Application No.5075 of 2018 is the 2nd accused and the petitioner in Bail Application No.5076 of 2018 is the 3rd accused in the case registered as Crime No.661 of 2018 of the Mankara Police Station, under Sections 119(a) and 120(o) of the Kerala Police Act, 2011 and also under Section 67A of the Information Technology Act, 2000.
3. The prosecution case is that the accused printed and published a notice containing sexually explicit materials against the de facto complainant, a lady who was holding the position of the President of a Grama Panchayat and that they shared the contents of the notice through social media. B.A.Nos.5075 & 5076 of 2018 2
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the case diary and also the report of the Investigating Officer.
5. The petitioners are in judicial custody from 23.7.2018 onwards. There is no allegation against the petitioners, who are the 2nd and the 3rd accused in the case, that they are the persons who printed the notice. The allegation against the petitioners is only that they shared and forwarded the notice through WhatsApp to other persons. The report of the Investigating Officer shows that the mobile phones used by the petitioners to share and publish the notice which contained the sexually explicit materials have been seized. Considering the role of the petitioners in the offences allegedly committed and also considering the fact that the mobile phones used by them to commit the offences have been recovered from them, continued detention of them in jail appears to be not necessary to have an effective investigation of the case. Considering these aspects, I am inclined to grant bail to the petitioners.
In the result, the petitions are allowed. The petitioners shall be released on bail on the following conditions. B.A.Nos.5075 & 5076 of 2018 3
1).The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenly Five thousand only) each with two solvent sureties each for the like amount to the satisfaction of the Magistrate's court/ jurisdictional court concerned.
2). The petitioners shall appear before the Investigating Officer between 9 a.m and 11 a.m on all Mondays and Thursdays for a period of two months from the date of their release on bail.
3). The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer in writing to do so.
4). The petitioners shall not influence or intimidate the prosecution witnesses. They shall not make any attempt to tamper with the evidence in the case.
5). The petitioners shall not leave the State of Kerala without the prior permission of the Magistrate's Court/jurisdictional court concerned.
6). If any of the petitioners violates any of the conditions of bail, it is open to the jurisdictional court concerned to cancel his bail without any further orders from this Court but in accordance with law.
Sd/-
R. NARAYANA PISHARADI JUDGE IAP //True Copy\\ P.A to Judge