1. Petitioner is the first accused in Crime No.57 of 2021 of the Ernakulam Town North Police Station. The crime is registered for the offences
punishable under Section 66(F) of the Information Technology Act and Section 506 of the Indian Penal Code.
2. The prosecution case is that on 25.01.2021 at 8.33pm, a text message was received by the Sub Inspector of Ernakulam Town North Police Station
from the mobile number of the first accused stating that “we will blast bombs in different parts of Kerala in 28 hours, all bombs will blastâ€. It is
submitted that the investigation has revealed that the mobile phone of the first accused was used by the second accused who was a fellow traveller in
the lorry driven by the first accused and the second accused utilized the mobile of the first accused to sent such a message.
3. The learned Public Prosecutor staunchly opposes the application and submits that this is a case of cyber terrorism and that even though the
petitioner has no antecedents as revealed so far, the petitioner is not entitled to be granted bail.
4. Though the message sent through the mobile phone of the petitioner may amount to an offence the investigation conducted so far has revealed that
the message was actually sent by the second accused. In such circumstances I am of the view that since the petitioner has already been in custody
since 31.01.2021, further incarceration may not be required in the nature of the case. The fact that the petitioner does not have any antecedents also
beckons this Court to enlarge the petitioner on bail. In the circumstances, the petitioner is directed to be enlarged on bail on the following conditions:
1) Petitioner shall furnish a bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum to the satisfaction of the
Jurisdictional Magistrate.
2) Petitioner shall report to the Investigating Officer once in every two months between 10.00a.m and 5.00 p.m on Saturday until the filing of the final
report.
3) The petitioner shall make himself available before the Investigating Officer as and when required for any interrogation.
4) The petitioner shall not get himself involved in any offence during the period of this bail
In case any of the conditions mentioned above are violated, the Investigating Officer shall be at liberty to file an appropriate application to seek
cancellation of the bail granted hereby. It is made clear that this order granting bail is based upon the distinction drawn between the petitioner and the
second accused in the case.
