Allowed

Mohammed Anas v. the State of Kerala

Kerala HC8 Jul 2021Bail Appl./4626/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the accused under Section 438 Cr.P.C. in a case alleging violation of Section 67A of the Information Technology Act for sharing a link in a WhatsApp group. The court directed surrender within ten days and release on personal bond.

What did the court decide?

Accused released on bail on executing a bond of Rs. 50,000 with two sureties each for Rs. 50,000, subject to conditions of cooperation and non-influence of witnesses.

Mohammed Anas Vs the State of Kerala — Bail and Remand | Kerala HC (2021)

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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 K.HARIPAL

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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943

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BAIL APPL. NO. 4626 OF 2021

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(CRIME NO.87/2019 OF THE KOLATHUR POLICE STATIN, MALAPPURAM DISTRICT)

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PETITIONER/ACCUSED:

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MOHAMMED ANAS, AGED 27 YEARS, S/O.HAMZA, POOZHIKKUNNATH HOUSE, MOORKANAD POST, MALAPPURAM DISTRICT. BY ADV K.RAKESH

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RESPONDENTS/STATE & COMPLAINANT:

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1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. 2 THE STATION HOUSE OFFICER KOLATHUR POLICE STATION, MALAPPURAM DISTRICT, PIN- 679 338.

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R1-2 BY SMT.SREEJA V, PUBLIC PROSECUTOR.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Bail Appl.No.4626 OF 2021

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ORDER

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This is an application filed under Section 438 Cr.P.C. The sole accused in Crime No.87/2019 of Kolathur Police Station, Malappuram District has moved this Court seeking his pre-arrest bail. Crime was registered under Section 67A of the Information Technology Act.

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It is alleged that on 12-04-2019, the accused had forwarded

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obscene video in the family whatsapp group of the defacto complainant, who is the admin of the group. Therefore, offence under Section 67A of the Information Technology Act is alleged against the petitioner.

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The learned counsel for the petitioner submits that he is not involved in the alleged crime. He is a member of the whatsapp group. Using the link shared by him, one of his friends one Nishan had accessed the whatsapp group, the mischief was done by the said Nishan and not the petitioner. Whatever it may be, it is submitted that the device that was used for sharing the link has already been recovered by the police. In the nature of the allegations, it does not seem that custodial interrogation of the petitioner is warranted. The learned counsel for the petitioner also submits that the petitioner is prepared to co-operate with the investigation.

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Therefore, the petitioner is at liberty to co-operate with the investigation. He shall surrender before the Investigating Officer within ten days from today and make himself available for interrogation and after

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Bail Appl.No.4626 OF 2021

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recording arrest, if any, he shall be released on bail on executing bond for Rs.50,000/- (fifty thousand rupees only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall cooperate with the investigation, shall not try to contact or influence the witnesses or tamper with evidence and shall not involve in any crime during the period on bail. He shall surrender his passport before the jurisdictional court within ten days. It is up to the jurisdictional court to decide whether the passport should be returned to the petitioner on temporary basis.

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Bail Application is allowed as above.

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Sd/K. HARIPAL

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JUDGE

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RMV/08/07/2021

Mohammed Anas v. the State of Kerala

Case brief

What is this about?

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Mohammed Anas v. the State of Kerala

Case brief

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