Full Judgment
BAIL APPL. NO. 2579 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 BAIL APPL. NO. 2579 OF 2021 PETITIONER/S: ABHILASH E AGED 36 YEARS SON OF YESODHARAN, ERAMALA,CHITTAR.P,O BY ADV V.SETHUNATH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE CHITTAR POLICE STATION, CHITTAR.P.O SRI AJITH MURALI-PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 2579 OF 2021 2
ORDER
This application seeking pre-arrest bail filed under section 438 of the Code of Criminal Procedure is by the accused in Crime No.143/2021 of the Chittar Police Station registered under section 294(b), 323, 341 & 354 of the IPC.
2. The prosecution allegation as per the earliest records is that on
03.03.2021 at about 11. 30 a.m., the applicant entered the tea shop of the de facto complainant and after showering obscenities fisted her on various parts of her body. It is further alleged that by the acts of the applicant, the modesty of the lady was outraged.
3. The learned counsel appearing for the applicant submitted that the
applicant is innocent and no incident of the nature alleged had taken place. The learned counsel submitted that the father of the applicant had passed away on 2.3.2021 and it is farfetched to believe that the applicant would venture out of his house to attack the old lady. He would then point out that the victim was in a relationship with the father of the applicant and it was when she was refused permission to see the mortal remains of the father that such false accusations are raised on the next day.
4. The learned Public Prosecutor has opposed the prayer. The learned Public Prosecutor submits that the antecedents of the applicant are not very good.
5. I have considered the submissions and have carefully evaluated the
BAIL APPL. NO. 2579 OF 2021 3 records. It does not appear from the records that any serious injuries were sustained by the injured. Though the applicant is stated to be involved in some crimes, those have been registered inter alia under Section 297 of the IPC. Having considered the facts and circumstances, I am of the view that the
custodial interrogation of the applicant is not necessary for an effective investigation in the instant case. In the result, this application will stand allowed, however, the same shall be subject to the following conditions. The applicant shall appear before the
Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
i) The applicant shall cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier. ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer. iii) He shall not make any attempt to contact the victim or enter her residential or business premise. iv) He shall not commit any similar offence while on bail. BAIL APPL. NO. 2579 OF 2021 4 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. Sd/- RAJA VIJAYARAGHAVAN V JUDGE DSV