Kerala High Court
Arun Vignesh.G vs State Of Kerala on 1 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
BAIL APPL. NO. 611 OF 2024
CRIME NO.2011/2023 OF Perumbavoor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CRMP 60/2024 OF ADDITIONAL DISTRICT &
SESSIONS COURT (POCSO), MUVATTUPUZHA
PETITIONER/ACCUSED:
ARUN VIGNESH.G.,
AGED 19 YEARS
S/O.GANESH, PERUMBALLIL VEEDU, KURUMANNA,
MUKHATHALA.P.O., KOLLAM, PIN - 691577
BY ADVS.
A.RAJASIMHAN
VYKHARI.K.U
RESPONDENTS/STATE AND ANOTHER:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV Aneesh James
OTHER PRESENT:
PP-SRI.PRASANTH M.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.611 OF 2024 2
ORDER
This is an application for regular bail under Section 439 of
the Code of Criminal Procedure, 1973 filed by the sole accused
in Crime No.2011/2023 of Perumbavoor Police Station,
Ernakulam registered under Sections 354A(1)(i), 354(1)(ii),
354A(2), 354 D and 506 of IPC and Sections 12, 11(ii), 11(iv) and
Section 15 of the Protection of Children from Sexual Offences
Act, 2012 (POCSO Act) and Section 67B of Information
Technology Act, 2000.
2. The prosecution allegation is that, the petitioner enticed
the minor victim girl through social media, and compelled her to
send her nude pictures to him, and threatened her stating that,
he would upload her naked photos in social media.
3. Heard learned counsel for the petitioner, learned Public
Prosecutor and learned counsel for the 2nd respondent, the
victim girl.
4. Learned Public Prosecutor opposed the bail application.
5. Learned counsel for the petitioner would submit that,
both the petitioner as well as the victim girl are 19 years old,
and they are having an affair. She suo motu sent her naked
photographs to the petitioner, and he never misused the same.
There is no serious objection for the 2nd respondent, in granting
bail to the petitioner.
6. The petitioner is in judicial custody from 9/1/2024
onwards. Investigation has progressed substantially. In such
circumstances, this Court is inclined to allow this petition on the
following conditions:-
(i). The petitioner shall be released on bail on executing
bond for Rs.50,000/- (Rupees Fifty Thousand only) with two
solvent sureties each for the like sum to the satisfaction of
the trial court.
(ii) The petitioner shall appear before the Investigating
Officer on alternate Fridays between 10.00am to 11.00am,
starting from 9/2/2024 for a period of three months, or till
the final report is filed, whichever is earlier.
(iii) The petitioner shall not try to contact the victim and
shall not influence or intimidate her either directly or
indirectly.
(iv) The petitioner shall not leave the limits of the State of
Kerala without getting prior permission from the Trial
Court.
(v) The petitioner shall not influence or intimidate the
witnesses or tamper with the evidence;
(vi) The petitioner shall not commit any offence while on
bail.
In case of violation of the bail conditions, the trial court is
empowered to cancel the bail in accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
ska
