Petitioner is the 6th accused, in Crime No.321 of 2014 of the Kasaragod Police Station for the offences punishable under Secs.327 and 395 of the Indian Penal Code, is in custody from 26.03.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 26.03.2014 at about 9.30p.m, the petitioner and others asked the de facto complainant to came to a hotel where he was undressed and his nude photographs along with a lady was taken. He was threatened with publishing the photograph unless `10,00,000/- is paid. The further allegation is that the petitioner and others forcibly removed his mobile phone and `1,000/- from him. It is also submitted that the petitioner is involved in Crime No.210 of 2014 for the offence punishable under Sec.376 of the Indian Penal Code.
3. Learned counsel submits that Crime No.210 of 2014 is registered on a statement given by one of the accused in Crime No.321 of 2014 that the petitioner subjected her to forcible sexual intercourse.
4. Having regard to the fact that the petitioner is in custody from 26.03.2014 and his further detention is not required for investigation, I am inclined to grant bail but subject to stringent conditions.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.321 of 2014 of the Kasaragod Police Station and shall be released, if not required to be detained otherwise on his executing bond for `30,000/- (Rupees Thirty Thousand Only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
(b) Petitioner shall surrender his passport before the learned magistrate while executing the bail bond and in case he has none, file affidavit to that effect.
(c) Petitioner shall report to the Officer investigating Crime No.321 of 2014 of the Kasaragod Police Station on every Saturday between 10 a.m and 12 p.m for a period of two months or until final report is filed, whichever is earlier.
(d) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(e) Petitioner shall not, during the period of this bail get involved in any offence.
(f) Petitioner shall not intimidate or influence the witnesses.
(g) In case of violation of any of condition Nos.(c) to (f), bail granted hereby is liable to be cancelled by moving application before the learned magistrate as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
(h) In case the petitioner surrenders the passport as aforesaid and it is required to be returned, appropriate application for that may be preferred before the learned magistrate who shall decide the matter.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge