IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 11^TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 BAIL APPL. NO. 7589 OF 2023 CRIME NO.554/2022 OF CHEVAYOOR POLICE STATION, KOZHIKODE DISTRICT PETITIONER/ACCUSED:

ANANDU B AGED 26 YEARS, S/O. BIJU RESIDING AT KUNDECHIRAYIL, ALAPPUZHA DISTRICT, PIN – 688 504.

BY ADVS.

S.SREEKUMAR (KOLLAM)

K.VIJAYAN RESPONDENTS/STATE:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

2 THE STATION HOUSE OFFICER CHEVAYOOR POLICE STATION, KOZHIKODE DISTRICT, PIN – 673 017.

3 IMMIGRATION OFFICER COCHIN INTERNATIONAL AIRPORT, COCHIN, PIN – 683 111.

4 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV. SRI. NOUSHAD K (SR PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail.

2. Petitioner is the accused in Crime No.554/2022 of Chevayoor Police Station, Kozhikode District, alleging commission of offences under Sections 354, 354 A & 506 of the Indian Penal Code and Section 67 and 67 a of the Information Technology (Amendment) Act, 2008.

3. The allegation against the petitioner is that after collecting some naked photographs of the defacto complainant taken at a time when the petitioner and the defacto complainant were in a relationship, the petitioner threatened her and intimidated her that he will circulate such pictures in other WhatsApp groups and also sent threatening E-mails to the mother and sister of the defacto complainant and thereby he committed the offences alleged against him.

4. The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that though the petitioner and the defacto complainant were in a relationship, they later fell apart and the complaint has been filed owing to the same. It is submitted that the petitioner has not committed the offences alleged against him and that, at any rate, the custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case. It is submitted that the petitioner is presently in Qatar and he is arriving in India on 14-09-2023. Reference is made in this regard to Anneuxre-A4 Airline ticket of the petitioner.

5. The learned Senior Public Prosecutor, on instruction, would submit that the investigation into the crime has already been completed and a final report has been filed in the matter. It is submitted that the case is now pending as C.C.No.138/2023 on the file of the Judicial First Class Magistrate Court-I, Kozhikode. It is submitted that the case is now posted for appearance of the accused on 16-11-2023. It is submitted that since the investigation has been completed and final report has already been filed, the prosecution does not intend to seek the custody of the petitioner. It is submitted that anticipatory bail can be granted to the petitioner on condition that the petitioner cooperates with the trial of the case in C.C.No.138/2023 pending before the Judicial First Class Magistrate Court-I, Kozhikode. He also submits that a lookout circular had been issued in respect of the petitioner and the investigation officer may be directed to withdraw the lookout circular in the facts and circumstances noticed above.

Having heard the learned counsel for the petitioner and the learned Senior Public Prosecutor, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions:

(i) Petitioner shall execute 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 Jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.554/2022 of Chevayoor Police Station, Kozhikode District as and when summoned to do so;

(iii) Petitioner shall not attempt to contact the de facto complainant or to influence or intimidate any witness in C.C.No.138/2023 on the file