Case Note & Summary
The applicant, Pramod Anand Dhumal, an editor of a local Marathi weekly newspaper and a social activist, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court. He apprehended arrest in connection with Crime No.580 of 2020 dated 11th June 2020 registered at Virar Police Station for offences punishable under Section 354-D of the Indian Penal Code, 1860 (IPC) and Section 67A of the Information Technology Act, 2000 (IT Act). The complainant, a 37-year-old housewife, alleged that the applicant sent her offensive images and messages revealing overt sexual desire on her Facebook account from his cell phone. On 13th November 2018, she indicated her disinterest, but the applicant continued to send messages including 'I love you' and a hyperlink containing lascivious material. She subsequently lodged a complaint, leading to the registration of the crime. The applicant was denied pre-arrest bail by the learned Sessions Judge. The High Court considered the submissions of the applicant's counsel, Mr. Aniket Nikam, and the Additional Public Prosecutor, Mrs. Veera Shinde. The court noted that the investigation was complete and the applicant was not required for custodial interrogation. The court also observed that the applicant had cooperated with the investigation and had no criminal antecedents. The court held that the applicant was entitled to pre-arrest bail subject to conditions. The court directed that in the event of arrest, the applicant be released on bail on furnishing a personal bond of Rs.25,000 with one surety. The applicant was also directed to attend the investigating officer as and when required and not to tamper with evidence or influence witnesses. The court further directed the applicant to not make any direct or indirect contact with the complainant. The application was disposed of accordingly.
Headnote
A) Criminal Law - Pre-Arrest Bail - Section 438 CrPC - Custodial Interrogation - Applicant, editor of local weekly and social activist, sought anticipatory bail for offences under Section 354-D IPC and Section 67A IT Act for sending obscene messages and images to complainant via Facebook - Court held that since investigation was complete and applicant was not required for custodial interrogation, pre-arrest bail could be granted on conditions (Paras 1-5).
Issue of Consideration
Whether the applicant is entitled to pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 for offences under Section 354-D of the Indian Penal Code, 1860 and Section 67A of the Information Technology Act, 2000.
Final Decision
The application is allowed. In the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.25,000 with one surety. The applicant shall attend the investigating officer as and when required, not tamper with evidence or influence witnesses, and not make any direct or indirect contact with the complainant.
Law Points
- Pre-arrest bail
- custodial interrogation
- Section 354-D IPC
- Section 67A IT Act
- Section 438 CrPC
