IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4500 of 2010()
1. NOUSHAD, S/O.SHAMSUDHEEN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :28/07/2010
O R D E R
K.HEMA, J.
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B.A. No. 4500 of 2010
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Dated this the 28th day of July, 2010
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 385, 420 and
506(i) read with Section 34 of the Indian Penal Code and Sections
66E, 67A and 67 of the Information Technology Act. According to
prosecution, defacto complainant and first accused were closely
acquainted with each other and their intimacy developed into an
illicit relationship. The defacto complainant’s husband is working
abroad. First accused took a naked video of defacto complainant
and thereafter, showing the video, he started compelling her for
sex. Likewise, he also demanded money Rs.1,00,000/- for not
publishing the video. Thereafter, the nude video was transferred
by first accused to the mobile phone of second and third accused.
They, in turn transferred it to fourth accused and fourth accused to
fifth accused and thereby, all of them committed the above
offences.
3. Learned counsel for petitioner(A1) submitted that
petitioner was arrested on 4.6.2010 and he is in custody for the
B.A. No. 4500 / 2010 2
past 55 days. It is pointed out that even as per the allegations
made by defacto complainant, petitioner and defacto complainant
were having illicit relationship and no compulsion is involved. It is
also submitted that petitioner was working as a Village Officer
and he is aged only 27 years. He lost his job.
5. The investigation in this case is not yet completed. He is
in custody for 55 days. The maximum period of detention for
getting statutory bail is 60 days. Petitioner is prepared to abide
by any condition imposed by this court and all other accused are
on bail.
6. On hearing both sides, considering the various facts and
circumstances and stage of investigation, I think that bail can be
granted to petitioner on conditions. Hence, the following order is
passed:
Petitioner shall be released on bail on his
executing a bond for Rs.50,000/- with two solvent
sureties each for the like sum to the satisfaction of
the Magistrate Court concerned on the following
conditions:
i) Petitioner shall report before the
Investigating Officer on every Monday,
Wednesday and Saturday, between 10
A.M. and 1 P.M.B.A. No. 4500 / 2010 3
ii) Petitioner shall not enter the limits of the
police station, within which the crime is
registered, except for compliance of
condition no.1.iii) Petitioner shall not influence or intimidate
any witness or tamper with the evidence.iv) In case, petitioner is involved in any
similar offence, his bail is liable to be
cancelled.
This petition is allowed.
K. HEMA, JUDGE
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