Akhil vs State of Kerala

AKHIL vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 31, 2023

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https://sooperkanoon.com/case/1348761

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Citation: sooperkanoon.com/1348761
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Mar 31, 2023
Case Number: Bail Appl./2458/2023

Parties & Advocates

Appellant / Petitioner

AKHIL

Respondent

State of Kerala

Excerpt

.....station, pathanamthitta district. the offences alleged are punishable under sections 294(b), 427, 323, 354, 452 and 506(i) r/w section 34 of the indian penal code.3. the prosecution case, in short, is that ontrespassed into the house of the defacto complainant, abused the defacto complainant, assaulted her with the intent to outrage her modesty and thereby committed the offence.4. i have heard sri.manu ramachandran, the learned counsel for the applicant and sri. c.s.hrithwik, the learned senior public prosecutor. perused the case diary.5. the learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the ..3..present case. the counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. the learned public prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.6. it appears from the case records that the applicantand the defacto complainant are not in good terms. the allegation to attract section 354 of the ipc is that during the struggle, the applicant pushed down the defacto complainant and caught hold of her hands. there is nothing to suggest that the said act was done by the applicant with the intent to outrage her modesty. the applicant has no criminal antecedents. considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. for these reasons, it is a fit case where pre-arrest bail can be granted to the applicant. in the result, the application is allowed on the following ..4.. conditions:-(i) the applicant shall be released on bail in the eventof his arrest on executing a bond for rs.1,00,000/- (rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 BAIL APPL. NO. 2458 OF 2023 CRIME NO. 801 OF 2022 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT PETITIONER/ACCUSED NO.1: AKHIL AGED 29 YEARS S/O SHIVADASAN, PARAMBIVILA KIZHAKETHIL (H), MELOODU P.O, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691523 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON RESPONDENTS/STATE & I.O: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 691523 SRI C.S.HRITHWIK.SR.P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

ORDER

Dated this the 31st day of March, 2023 This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

2. The applicant is the 1st accused in Crime

No.801/2022 of Adoor Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 294(b), 427, 323, 354, 452 and 506(i) r/w Section 34 of the Indian Penal Code.

3. The prosecution case, in short, is that on

trespassed into the house of the defacto complainant, abused the defacto complainant, assaulted her with the intent to outrage her modesty and thereby committed the offence.

4. I have heard Sri.Manu Ramachandran, the learned counsel for the applicant and Sri. C.S.Hrithwik, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the ..3..

present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

6. It appears from the case records that the applicant

and the defacto complainant are not in good terms. The allegation to attract Section 354 of the IPC is that during the struggle, the applicant pushed down the defacto complainant and caught hold of her hands. There is nothing to suggest that the said act was done by the applicant with the intent to outrage her modesty. The applicant has no criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant. In the result, the application is allowed on the following ..4.. conditions:-

(i) The applicant shall be released on bail in the event

of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of

the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the ..5.. investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..6.. APPENDIX OF BAIL APPL. 2458/2023 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.801 OF 2022 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A2 THE TRUE COPY OF THE DATED 02.03.2023 IN CRL.MP NO.1061/2023 OF THE SESSIONS COURT, PATHANAMTHITTA

Same Court & Year Kerala · 2023 Same Parties AKHIL vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath