IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1368 of 2010()
1. NIYAS.N.K., AGED 31 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1368 of 2010
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Dated this the 19th day of March, 2010
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. The petitioner is the accused in Crime No.
18/2010 of Kunnamangalam Police Station.
2. The offences alleged against the petitioner are under
Section 376 of the Indian Penal Code and Sections 67 and 72 of
the Information Technology Act.
3. The prosecution case is the following:
The petitioner is a bus conductor. The de facto complainant
was studying in an Engineering College. The petitioner and the de
facto complainant got acquaintance during travel. In March,
2006, about a year after they got acquaintance with each other,
the petitioner took the girl to kalpetta under some pretext or
other. On that day, they stayed in a lodge and she was subjected
to forceful sexual intercourse. The petitioner promised to marry
the girl. Thereafter, for about four years, the relationship
continued and the petitioner had sexual relationship with the girl
at several places. The petitioner took the nude photographs of
B.A. No. 1368 of 2010 2
the girl in his mobile phone. He published the same in the
Internet. A relative of the girl told her that her nude
photographs were available in the Internet. On verification, it
was found to be true. It was also revealed that the petitioner is a
married man and that he had made all false promises.
4. The matter was reported by the girl to the police on
23.01.2010 and crime was registered. The petitioner was
arrested on 29.01.2010 and he was remanded to judicial
custody.
5. The petitioner moved for bail before the court of the
Sessions Judge, Kozhikode. The Bail Application was dismissed
by the order dated 23.02.2010. The investigation has progressed
thereafter.
6. The learned counsel for the petitioner submitted that the
petitioner is prepared to comply with any condition that may be
imposed by the Court for granting bail.
7. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
B.A. No. 1368 of 2010 3
petitioner on stringent conditions.
8. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Kunnamangalam subject to the following conditions:-
A) The petitioner shall not leave Thrissur
District without the permission of the
Judicial Magistrate of the First Class,
Kunnamangalm, till the final report is filed
or until further orders.
B) The petitioner shall report before the District
Superintendent of Police, Thrissur between
9 A.M. and 11 A.M. on every Monday and
Thursday, till the final report is filed or
until further orders.
C) The petitioner shall appear before the
Investigating Officer for interrogation as
and when required.
D) The petitioner shall surrender his passport
before the Court of the Judicial Magistrate
of the First Class, Kunnamangalam within
one week from the date of release on bail.
If the petitioner does not hold an Indian
Passport, an affidavit sworn to by him to
that effect shall be filed before the learned
Magistrate within one week.
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E) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
F) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.
G) In case of breach of any of the conditions
mentioned above, the bail shall be liable to
be cancelled.
The Bail Application is allowed as above.
The Registry will forward a copy of this order to the District
Superintendent of Police, Thrissur.
K.T. SANKARAN, JUDGE
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