IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6484 of 2009()
1. SHAJI P.C., S/O. CHELLAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6484 of 2009
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Dated this the 10th day of November, 2009
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. The petitioner is accused No.1 in Crime No.
336/2009 of Ponkunnam Police Station.
2. The offences alleged against the petitioner are under
Sections 328 and 376 of the Indian Penal Code and Section 67 of
the Information Technology Act.
3. The gist of the prosecution case is the following:
The defacto complainant was an employee in Wintec
Computers run by the petitioner. The allegation is that after
administering some intoxicating substances or sedatives in food
and drinks, the petitioner subjected her to sexual intercourse.
Later, he took the nude photographs of the de facto complainant.
She was being threatened by the petitioner showing the nude
photographs to her and he indulged in sexual intercourse with her
against her will. The petitioner even threatened that the nude
photographs would be published. The de facto complainant was
appointed as a teacher in a school. Later, on account of the
B.A. No. 6484 of 2009 2
harassment by the petitioner, she had to resign that job and
come back again to the computer centre of the petitioner.
Sexual harassment continued. Later, she got a job in
Ernakulam. There, she met another man and fell in love with
him. That man proposed to marry her. The allegation is that
the petitioner had shown the nude photographs of the
petitioner to that man and thereupon the marriage proposal
was withdrawn. It is also alleged that the petitioner published
the nude photographs in mobile phones and internet. The
petitioner was arrested on 20.08.2009 and he was remanded
to judicial custody. The petitioner moved an application for
bail before the learned Sessions Judge, which was dismissed
as per the order dated 05.10.2009.
4. Bail Application No. 6081/2009 filed by the petitioner
for bail was dismissed by this court on 21.10.2009.
5. It is submitted that the investigation is at the final
stage.
6. Taking into account the facts and circumstances of
the case, the duration of the judicial custody undergone by the
B.A. No. 6484 of 2009 3
petitioner, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioner on stringent conditions.
5. The petitioner shall be released on bail on his
executing bond for Rs.25,000/- with two solvent sureties each
for the like amount to the satisfaction of the Judicial
Magistrate of the First Class-II, Kanjirapilly subject to the
following conditions:-
A) The petitioner shall report before the
Investigating Officer between 9 A.M.
and 11 A.M. on all Mondays and
Thursdays for two months and
thereafter on all Mondays until the final
report is filed or until further orders.
B) The petitioner shall appear before the
Investigating Officer for interrogation
as and when required.
C) The petitioner shall not enter the limits
of Ponkunnam Police Station for a
period of one month except for
complying with conditions A and B.
D) The petitioner shall not try to influence
the prosecution witnesses or tamper
with the evidence.
E) The petitioner shall not commit any
offence or indulge in any prejudicialB.A. No. 6484 of 2009 4
activity while on bail.
F) 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.
K.T. SANKARAN, JUDGE
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