Kerala High Court
Sanjay K.R vs State Of Kerala on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
BAIL APPL. NO. 7576 OF 2021
CRIME NO.5/2021 OF CYBER POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT IN CRMP 1799/2021 OF SESSIONS COURT, ALAPPUZHA
PETITIONER/ACCUSED:
SANJAY K.R.
AGED 26 YEARS
S/O.RAJU, KARIPPAYIL HOUSE, MANALOOR DESOM, MANALUR VILLAGE,
KANJANY P.O., THRISSUR-680612, REPRESENTED BY FATHER AND NEXT
FRIEND RAJU.
BY ADVS.
S.GOPAKUMAR
T.M.BINITHA
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682011.
2 STATION HOUSE OFFICER
CYBER POLICE STATION, ALAPPUZHA, PIN-688001.
OTHER PRESENT:
PP.SEETHA.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.7576 OF 2021
2
ORDER
Petitioner is the sole accused in crime No.5/2021 of Cyber
Police Station, Alappuzha, which is registered for the offences
punishable under Sections 354A, 354(D)(1)(II), 509 IPC, 67 of IT
Act, 4 r/w. 3 of Kerala Health Care Service Persons and Health
Care Service Institutions (Prevention of Violence and Damage to
Property) Act, 2012.
2. It is alleged that the accused with the intention of
outraging the modesty of the defacto complainant, on
28.08.2021 while she was attending telemedicine programme in
her laptop at about 10.50 hours he made some sexually coloured
remarks through a video call and thereby committed the
offences aforementioned.
3. Petitioner was arrested on 30.08.2021. According to
the learned counsel for the petitioner, the petitioner is suffering
from psychosis and is undergoing treatment. He has produced
Annexures -A2 to A4 medical records. Annexure A4 is the
treatment summary issued by Dr.Anoop Vincent, HOD of
B.A.No.7576 OF 2021
Department of Psychiatry, Sree Narayana Institute of Medical
Sciences, Chalakka, in which, it has been certified that this
petitioner is under his treatment for psychosis and he has been
brought by his parents on 28.01.2019 and diagnosed with
psychosis NOS and the history given by the parents. His last visit
was onl 28.06.2021 and they strongly recommended that the
petitioner needed inpatient care to detailed evaluation and
further management.
4. The learned Public Prosecutor on the other hand would
contend that the petitioner is involved in two other crimes of
almost similar nature. It is reported that in crime No.424/2021 of
Manjeri Police Station, the petitioner is already on bail. The
petitioner is also involved in crime No.11/2021 of Kannur Cyber
crime Police Station, for similar offence.
5. However, in view of the medical records produced from
the side of the petitioner and taking into account the fact that
the petitioner has been under confinement from 30.08.2021
onwards and the nature of the allegations raised against him,
I am of the view that bail can be grated to the petitioner on
stringent conditions:
(i) Petitioner shall execute bond for a sum of
B.A.No.7576 OF 2021
Rs.50,000/- (Rupees fifty thousand only) with two
solvent sureties for the like sum each to the
satisfaction of the jurisdictional court. One of
sureties shall be a family member or a close blood
relative of the petitioner.
(ii) He shall report before the investigating officer as
and when required.
(iii) He shall not try to contact or influence the
witnesses or tamper the with evidence.
(iv) He shall not involve in any crime during the period
on bail.
If any of the above conditions are violated by the petitioner,
the jurisdictional court will be at liberty to cancel the bail in
accordance with law.
This Bail Application is allowed as above.
Sd/-
M.R.ANITHA
shg JUDGE
