The court has the discretion to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the facts and circumstances of the case, and can impose appropriate conditions to ensure the cooperation of the accused with the investigation.

Dated this the 23rd day of May, 2024 This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure by the sole accused in crime No.522/2023 of Kodumon Police Station, Pathanamthitta.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the records placed by the petitioner along with the petition and relevant documents form part of the case diary.

3. The prosecution case herein is that the accused herein has committed offence punishable under Sections 354C of the Indian Penal Code as well as 66(E) and 67(A) of the Information Technology Act, 2000 . The specific allegation is that, at about 21.00 hours on 04.09.2023, the accused herein, who is none other than the husband of the defacto complainant, forwarded nude photographs of the defacto complainant from his Whats app number to the Whats app number of the friend of the defacto complainant.

4. While canvassing anticipatory bail on the ground of absolute innocence, the learned counsel for the petitioner submits that even though the legal marriage in between the petitioner and the defacto complainant has been subsisting she married another man, as evident from Annexure A2 marriage certificate. It is also submitted that again also she got married. The learned counsel also submitted that there is no materials available to hold that the petitioner sent Whats app messages as contended. The petitioner is ready to abide by any conditions as a pre-requisite for grant anticipatory bail.

5. The learned Public Prosecutor highlighted the necessity of the interrogation in this matter while opposing the bail.

6. On perusal of the records, as per Annexure A2, it is seen that the petitioner married again while the first marriage between the petitioner and the defacto complainant has been subsisting. The defacto complainant also filed M.C. before the Family Court, Mavelikkara for maintenance as evident from Annexure A4. It appears that matrimonial dispute is subsisting between the parties. In such a case, effective investigation is necessary to unearth the truth of the allegations. Since investigation is possible even without the custodial interrogation, the petitioner can be enlarged on anticipatory bail directing him to subject himself for interrogation and to aid the investigation, by producing his mobile phone for the said purpose, if insisted by the Investigating Officer.

7. Therefore, this petition stands allowed. The petitioner is enlarged on anticipatory bail on the following conditions:

i.

The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner and record his statement. The Investigating Officer can take the mobile phone of the petitioner for the purpose of investigation. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of arrest itself.

ii.

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

iii.

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

v.

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