O R D E R

Dated this the 15th day of February, 2021 This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

2. The petitioner is the accused in crime No. 75 of

2021 of Kadinamkulam Police Station, Thiruvanathapuram District. The above case is registered against the petitioner alleging offences punishable under Sections 506(i) and 354(C) of the Indian Penal Code (IPC). The offences under Sections 66E, 67 and 67A of Information Technologies Act is also alleged.

3. The prosecution case is that, the marriage engagement of the petitioner and the de facto complainant was conducted on 11.07.2019. Thereafter, the petitioner went to Gulf Countries. It is alleged that, the petitioner and the de facto complainant used to make video call through mobile phone. The petitioner captured the nude photos and videos of the de facto complainant through video call by threating her. Subsequently the marriage was not solemnized. The victim married another person. Now the petitioner misused the nude photographs by posting those photographs in social medias. This is the sum and substance of the allegations.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that, the allegations against the petitioner are not correct. The learned counsel submitted that, the petitioner has not misused the photographs as alleged by the prosecution. The learned counsel submitted that, the petitioner is ready to co-operate with the investigation. The learned counsel submitted that, the only non bailable offence is under Section 67A of the IT Act. The learned counsel for the petitioner also submitted that, the petitioner is ready to abide any conditions, if this Court grants him bail.

6. The learned Public Prosecutor seriously opposed the bail application. The learned Public Prosecutor submitted that, the allegation against the petitioner is very serious. The learned Public Prosecutor submitted that, the mobile phone of the petitioner is not recovered. The presence of the petitioner is necessary.

7. After hearing both sides, I think this is not a fit case, in which orders under Section 438 Cr.P.C. can be passed. I do not want to make any observations about the merit of the case. But at this stage the learned counsel for the petitioner submitted that, the petitioner will surrender before the Investigating Officer and will co-operate with the investigation. Therefore, this bail application is disposed of with the following directions:

1. The petitioner will surrender before the Investigating Officer within ten days from today.

2. If the petitioner surrender before the Investigating Officer, the Investigating Officer can interrogate him. After interrogation if the petitioner is arrested, he will be produced before the jurisdictional court on the same day.

3. At that stage, if any bail application is filed by the petitioner after giving prior notice to the Prosecutor concerned, the Court will consider the bail application preferably on the date of filing of the same itself.

This bail application is disposed of.

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