Abhiram M. Ajay vs State Of Kerala
2024 Latest Caselaw 11155 Ker

Citation : 2024 Latest Caselaw 11155 Ker
Judgement Date : 16 April, 2024

Kerala High Court

Abhiram M. Ajay vs State Of Kerala on 16 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
                 BAIL APPL. NO. 2869 OF 2024
  CRIME NO.3/2021 OF CYBER CRIME POLICE STATION, KASARAGOD,
                            Kasargod
PETITIONER/S:

          ABHIRAM M. AJAY,
          AGED 21 YEARS
          S/O. AJAYAKUMAR, ABANTHIKA, CHANDHAVILA,
          KATTAIKONAM, THIRUVANANTHAPURAM, PIN - 695584
          BY ADVS.
          S.RAJEEV
          V.VINAY
          M.S.ANEER
          PRERITH PHILIP JOSEPH
          ANILKUMAR C.R.
          K.S.KIRAN KRISHNAN
          NOURIN S. FATHIMA

RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, PIN - 682031
    2     STATION HOUSE OFFICER,
          CYBER CRIME POLICE STATION, (CRIME NO. 3/2021 OF
          CYBER CRIME POLICE STATION, KASARGOD), PIN - 671314
          SMT.C.SEENA, PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.2869 of 2024                2




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                       B.A. No. 2869 of 2024
                   --------------------------------------
             Dated this the 16th day of April, 2024


                               ORDER

This Bail Application filed under Section 438 of Criminal

Procedure Code (Cr.P.C.)

2. Petitioner is an accused in Crime No. 3/2021

registered by Cyber Crime Police Station, Kasaragod. The

above case is registered against the accused alleging offences

punishable under Secs 354A (1)(iv), 465, 469, 509 IPC and

Secs. 67 & 67A of Information Technology Act.

3. The petitioner is an engineering student who is doing

his course at Thiruvananthapuram. The prosecution case is that

the petitioner misused certain photographs in the social media.

4. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

5. The counsel for the petitioner submitted that the

petitioner is a student studying in an Engineering College at

Thiruvananthapuram. The petitioner submitted that he is not

involved in this case. He also submitted that he is ready to

abide any conditions, if this Court grants him bail. The public

prosecutor opposed the bail application.

6. Admittedly, the crime is registered in the year 2021.

The petitioner is a student. Even though the case was

registered in the year 2021, the petitioner was not arrested till

now. Considering the facts and circumstances of this case, I

think the custodial interrogation of the petitioner may not be

necessary. The petitioner can be directed to surrender before

the Investigating officer and he can be directed to appear

continuously for a period of one week and thereafter, as and

when required.

7. Moreover, it is a well accepted principle that, the bail

is the rule and the jail is the exception. The Hon'ble Supreme

Court in Chidambaram P. v. Directorate of Enforcement

(2019 (16) SCALE 870), after considering all the earlier

judgments, observed that, the basic jurisprudence relating to

bail remains the same inasmuch as the grant of bail is the rule

and refusal is the exception so as to ensure that, the accused

has the opportunity of securing fair trial.

Considering the dictum laid down in the above decision

and considering the facts and circumstances of this case, this

Bail Application is allowed with the following directions:

1. Petitioner shall appear before the Investigating

Officer within ten days from today and shall undergo

interrogation;

2. After interrogation, if the Investigating Officer

proposes to arrest the petitioner, he shall be released on bail on

executing a bond for a sum of Rs.50,000/-(Rupees Fifty

Thousand only) with two solvent sureties each for the like sum

to the satisfaction of the officer concerned;

3. Petitioner shall appear before the Investigating

Officer for one week continuously at 10 am for interrogation and

thereafter, as and when required. The petitioner shall co-

operate with the investigation and shall not, directly or

indirectly make any inducement, threat or promise to any

person acquainted with the facts of the case so as to dissuade

her from disclosing such facts to the Court or to any police

officer;

4. Petitioner shall not leave India without permission of

the jurisdictional Court;

5 Petitioner shall not commit an offence similar to the

offence of which he is accused, or suspected, of the commission

of which he is suspected;

6. If any of the above conditions are violated by the

petitioner, the jurisdictional Court can cancel the bail in