Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 AGAINST THE ORDER/JUDGMENT CRMC 2501/2022 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM [IN CRIME NO.963/2022 OF PANANGAD POLICE STATION, ERNAKULAM]
PETITIONER/ACCUSED: V.M. ABOOBACKER AGED 72 YEARS, S/O.MUHAMMED, VAZHAVELIL HOUSE, MARADU, NETTOOR, ERNAKULAM, PIN - BY ADV M.J.SANTHOSH RESPONDENT/COMPLAINANT: THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.NOUSHAD K.A - PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=========================== B.A.No. 7462 of 2022 ============================ Dated this the 6th day of October, 2022
ORDER
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.963/2022 of the Panangad Police Station, Ernakulam, alleging offences under Sections 354 and 509 of the Indian Penal Code, 1860.
3. The prosecution case is that on 04.09.2022, petitioner caught hold of the breast of the victim, who had come to the shop of the accused to buy a doormat and thereby committed the offences alleged.
4. Shri.Santhosh, the learned counsel for the petitioner
contended that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was also pointed out that petitioner is willing to abide by any condition that may be imposed upon him.
5. Shri. Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature.
6. Having considered the circumstances of the case and also the age of the accused aged 72, I am of the view that the petitioner shall be released on anticipatory bail subject to conditions.
7. Accordingly, this application is allowed on the following
conditions: a) In the event of the petitioner being arrested in Crime No.963/2022 of Panangad Police Station, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the court having jurisdiction. b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not destroy or tamper with the evidence or intimidate or threaten or contact the victim or her family members.
(d) Petitioner shall not commit any other similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
8. In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. BECHU KURIAN THOMAS JUDGE ssa/