Ajay P.B. vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the first accused in Crime No.336/2022 of Kadavanthra Police Station registered for the offences under Sections 354, 354A(1)(iv), 506, 511 of 376 r/w Section 34 of the Indian Penal Code, 1860.

Prosecution allegation is that on 15.12.2021, at the reception hall of an establishment called 'Willow Spa' run by the accused, the petitioner who is the first accused with sexual intent caught hold of the breasts of the victim and also shoved his hands inside her dress and touched her private parts, thereby committing the offences alleged.

Sri.Gokul Das V.V.H., the learned counsel for the petitioner submitted that the entire prosecution case is false and even if the allegations are admitted in toto, the same would only reveal an offence under Section 354 IPC and not Section 511 of 376 as alleged. He further submitted that the petitioner was arrested on 17.06.2022 and that the continued detention of the petitioner is unnecessary.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that the petitioner has committed a serious offence and releasing him on bail at this juncture will prejudice the prosecution case.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 17.06.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.