Allowed

Anilkumar @ Sunil v. State of Kerala

Kerala HC9 Sept 2016Bail Appl./4670/2016

Case brief

AI extract

What is this about?

The Court allowed a pre-arrest bail application in a case involving allegations of creating a nude image electronically and threatening its dissemination. The judge observed significant doubts regarding the victim's version of events and the lack of clarity in the complaint, granting bail based on these ambiguities.

What did the court decide?

Bail granted on bond of two solvent sureties for ₹50,000 each, subject to reporting, restriction on leaving the station, and no contact with witnesses.

Anilkumar @ Sunil Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938

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Bail Appl..No. 4670 of 2016

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CRIME NO. 182/2016 OF VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT

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PETITIONER(S)/ACCUSED :

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1. ANILKUMAR @ SUNIL, AGED 32 YEARS, S/O. SAJI, SUMI BHAVAN, MENNAMKODU, PEYAD, VILAPPIL, THIRUVANANTHAPURAM.

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2. NANDAKUMAR, AGED 30 YEARS, S/O.MURALEEDHARAN, NANDAVILASOM, KOLLAMKONAM, VILAPPIL, THIRUVANANTHAPURAM.

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BY ADVS. SRI.G.RANJU MOHAN

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SMT.M.SANTHI (K/868/2011)

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RESPONDENT(S)/STATE :

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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BY PUBLIC PROSECUTOR SRI. SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

P.UBAID, J.

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B.A No.4670 of 2016

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~~~~~~~~~~~

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Dated this the 9^th September, 2016

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O R D E R

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The petitioner herein are the accused in Crime No.182

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of 2016 of the Vilappilsala Police Station registered under Sections 119(b) of the Kerala Police Act and under Section 67 of the I.T Act They seek pre-arrest bail under Section 438 Cr.P.C.

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The prosecution case is that, in February, 2016, the petitioner herein somehow obtained a photograph of the petitioner herein, made it nude by electronic device and threatened the complainant that he would disseminate it through electronic media.

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On a perusal of the complaint made by the victim, I find that she is not definite in her complaint as to what exactly is the offence alleged against the petitioners herein. Her complaint itself shows that the photograph seen by her on the mobile phone was not exactly that of her She felt only some resemblance. She is not certain whether it was her photograph, or how it was obtained by the petitioners herein. Thus, I find that things are really

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B.A No.4670 of 2016

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suspicious as regards the allegations made in the complaint.

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A perusal of the case diary shows that investigation is practically over. The Police has collected the required materials for a prosecution, if at all the allegations do have any basis. In the above factual situation, I am inclined to grant pre-arrest bail

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In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing bond with two solvent sureties for 50,000/-₹ (Rupees Fifty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate or the learned Special Judge having jurisdiction, in case of their arrest in connection with Crime No.182 of 2016 of the Vilappilsala Police Station. Bail is granted on condition that:

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a) The petitioners shall report before the investigating officer between 10 am. and 11 am on all Thursdays for a period of two months.

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b) The petitioner shall not leave the limits of the Vilappilsala Police Station for a period of two months.

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c) The petitioners shall not in any manner influence or intimidate the material witnesses, or they shall not have any contact with the material witnesses directly or over telephone or otherwise.

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P.UBAID JUDGE

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/True copy/ P.S to Judge

Anilkumar @ Sunil v. State of Kerala

Case brief

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Anilkumar @ Sunil v. State of Kerala

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