Kerala High Court
Mom Sali vs State Of Kerala on 20 May, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Bail Appl..No. 3174 of 2019
AGAINST THE ORDER IN CMP 186/2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II,HOSDRUG DATED 22-04-2019
CRIME NO. 186/2019 OF BEKAL POLICE STATION , KASARGOD
PETITIONER/ACCUSED:
MOM SALI,
AGED 43 YEARS
S/O.ABDUL RAHIMAN, MEHAL MANZIL, ANKAKKALARI,
KOTTIKKULAM, PALLIKKARA II VILLAGE, HOSDURG TALUK.
BY ADV. SRI.A.ARUNKUMAR
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER,
(CRIME NO.186 OF 2019 OF BEKAL POLICE STATION,
KASARAGOD DISTRICT) 671 315.
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.3174 of 2019
2
ALEXANDER THOMAS, J.
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B.A.No.3174 of 2019
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Dated this the 20th day of May, 2019
ORDER
The petitioner is the sole accused in Crime No.186/2019 of Bekal Police Station, Kasaragod, which has been registered for offences punishable under Secs.376, 506(i) of the IPC and Sec.67 of the Information Technology Act, 2000.
2. The brief of the prosecution case is that during the period between 2008 and June, 2018, the accused had sexual intercourse with the defacto complainant at the bedroom of the residence, by threatening her, without her will and consent and the accused had taken her nude photographs and had transmitted it through "whatsapp" to the brother and daughter of the defacto complainant/victim. It appears that the petitioner/accused aged 43 years and the defacto complainant/victim aged 46 years are both married persons.
3. Sri.A.Arunkumar, learned counsel appearing for the petitioner would point out that even going by the nature of the allegations raised by the defacto complainant in her first information statement, it can be easily inferred that the incidents occurred only on account of consensual sexual B.A.No.3174 of 2019 3 relationship between the parties and that the video picture was actually transmitted by the victim herself.
4. The learned Public Prosecutor would point out that the prosecution records will clearly reveal that it was the petitioner who had transmitted the obscene and nude pictures of the lady defacto complainant to her brother as well as to her daughter and that the allegations raised against the petitioner are serious and that since the investigation has not been completed, there is all likelihood to the petitioner would influence the witnesses including the defacto complainant and that it will prejudice the investigation as well as the outcome of the final process. It is pointed out by the learned counsel for the petitioner that he has been under judicial custody since 14.04.2019 and that no effective purpose will be sub-served by his continued detention.
5. It is seen that the parties are married persons and are neighbours. Prima facie, it appears as per the prosecution case that the petitioner had transmitted the obscene nude pictures of the lady defacto complainant to her brother and her daughter. The investigation has not so far been completed. Since the parties are neighbours, there is all likelihood of the petitioner influencing the witnesses, etc. Accordingly, at this stage this Court is not inclined to grant regular bail. However, it is ordered that the Investigating Officer will take all reasonable endeavours possible at this B.A.No.3174 of 2019 4 juncture to ensure that the investigation is completed, without much delay so that after completing all the necessary procedural formalities, the final report could be duly filed before the competent criminal court immediately thereafter.
With these observations and directions the above bail application will stand dismissed.
Sd/-
ALEXANDER THOMAS JUDGE vgd/20.05.19