Abdul Nassar vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the sole accused in Crime No. 738/2022 of Thrithala Police Station. The offences alleged are punishable under Sections 447, 341, 354 B, 354 A(1)(i) of Indian Penal Code.

The prosecution case, in short, is that, on 18.07.2022 at 6.10 p.m, the petitioner criminally trespassed into the house of the defacto complainant, wrongfully restrained, pulled her sari, touched her breast with intention to outrage her modesty and thereby committed the offences.

I have heard Sri. Sreehari, the learned counsel for the applicant and Sri. V.S Sreejith, the learned Public Prosecutor. Perused the case diary.

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

The crime was registered on the basis of a private complaint filed by the victim before the Judicial First Class Magistrate Court, Pattambi. The learned Magistrate put forward the complaint to the Police and thereafter a crime was registered. The alleged incident took place in July 2022, but the private complaint was filed on 14.12.2022 only. According to the victim, the applicant went to her house on 18.07.2022 at 6.10 p.m, demanding money owed by her brother to one Jabbar. Annexure-5 would show that the applicant has instituted a suit for realization of money against Jabbar. It was thereafter the private complaint was filed. The petitioner 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 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 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.