The court has the discretion to grant anticipatory bail to the accused if it is satisfied that effective investigation is possible by directing the accused to subject themselves for interrogation and to aid the investigation.

Dated this the 23rd day of May, 2024 Accused Nos. 2 and 3 in crime No.285/2024 of Ottappalam Police Station, Palakkad are the petitioners herein and they seek the relief of pre-arrest bail, where the prosecution alleges commission of offences punishable under Sections 66E (a), (b) and (d) of the Information Technology Act and Section 77 of the Juvenile Justice Act .

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the relevant documents form part of the case diary.

3. The precisely the prosecution allegation is that the first accused administered liquor to the victim aged 15 years studying in 10th standard and when the victim was under intoxication, the second respondent accused video graphed the same so as to affect her privacy and forwarded the same.

The third accused also involved in the occurrence.

4. The learned counsel for the petitioners would submit that none of the offences would attract and nothing either video graphed or transmitted so as to affect the privacy of the minor in any manner.

5. Offering co-operation with the investigation, the learned counsel canvassed anticipatoy bail.

6. The learned Public Prosecutor though formally opposed the anticipatory bail, it is discernible that the serious overt act is against the first accused who administered liquor to the victim and the allegation against the other accused is that they videographed and forwarded the same. Since it is found that effective investigation is possible by directing the petitioners to subject themselves for interrogation and to aid the investigation, the petitioners can be enlarged on anticipatory bail by imposing conditions and one among the conditions is that the petitioners shall surrender their mobile phones for the purpose of investigation, if insisted by the Investigating Officer.

Therefore, this petition stands allowed. The petitioners are enlarged on anticipatory bail on the following conditions:

i.

The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and record their statement. Further, the Investigating Officer can recover their mobile phones, if necessary. In the event of their arrest, the Investigating Officer shall produce the petitioners before the Jurisdictional Court on the date of arrest itself.

ii.

On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand) each by themselves and by two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

iii.

The petitioners shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

iv.

The petitioners shall not, intimidate the witnesses or interfere with the investigation in any manner.

v.

The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.