Ashik M.H vs State Of Kerala
2021 Latest Caselaw 21117 Ker

Citation : 2021 Latest Caselaw 21117 Ker
Judgement Date : 20 October, 2021

Kerala High Court

Ashik M.H vs State Of Kerala on 20 October, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                        BAIL APPL. NO. 8002 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMP 2139/2021 OF ADDITIONAL SESSIONS
                              COURT, THRISSUR.
            CRIME NO.1778/2021 OF KUNNAMKULAM POLICE STATION
PETITIONER/ACCUSED:

            ASHIK M.H.,
            AGED 20 YEARS
            S/O. HARIDAS M.K., MULLARATT HOUSE, MANGAD WEST, PORKULAM
            VILLAGE, MANGAD P.O., THRISSUR DISTRICT-680542.

            BY ADVS.
            C.DHEERAJ RAJAN
            ANAND KALYANAKRISHNAN



RESPONDENT/STATE:

            STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM-682031. (CRIME NO.1778/2021 OF
            KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT)




            SMT. SEETHA.S. (SR.PUBLIC PROSECUTOR




     THIS   BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8002 OF 2021                   2



                                        ORDER

This is an application for regular bail.

2. Petitioner is the accused in Crime No.1778/2021 of Kunnamkulam

police station. The allegation against the petitioner is that he downloaded and

viewed child pornography content on his mobile phone and thereby committed

the offences under Sections 15(2) of the Protection of Children from Sexual

Offences Act and Section 67B of the Information Technology Act.

3. Learned counsel appearing for the petitioner would submit that

the petitioner was arrested on 26.09.2021 and he has been in custody for the

past 24 days. He submits that the petitioner is aged 20 years and he is innocent

of the allegations levelled against him. It is submitted that the mobile phone in

question has already been seized from the custody of the petitioner for the

purpose of investigation of the case.

4. Learned Public Prosecutor, on instructions, submits that the

petitioner was involved in downloading and viewing child pornography

contents and this was detected by the police using technology through an

operation conducted to nab such persons. However, she agrees that the mobile

phone in question has been seized and for the investigation of the case,

continued detention of the petitioner is not necessary.

5. Having regard to the allegations against the petitioner and having

regard to the fact that he has been in custody for the past 24 days and also

taking note of the fact that mobile phone in question was seized from the

petitioner, I am of the opinion that the petitioner can be released on bail upon

stringent conditions. Therefore, the Bail application is allowed and it is

directed that the petitioner shall be released subject to the following

conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties for the like

sum each to the satisfaction of the 1 st Additional Sessions Judge,

(Special Court for POCSO Act Cases) Thrissur ;

(ii) Petitioner shall appear before the investigating officer in

Crime No.1778/2021 of Kunnamkulam Police station on every

Saturday at 11 am until further orders.

(iii) The petitioners shall not attempt to interfere with the

investigation, or to influence or intimidate the witnesses in Crime

No.1778/2021 of Kunnamkulam police station;