Anirudhan vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No. 1431/2022 of Pooyappally Police Station, Kollam, alleging offences punishable under Sections 511 of 376, 354, 354A(1)(i), 354B and 506(1) of the Indian Penal Code, 1860.

According to the prosecution on 25.08.2022, the accused groped the breast of the victim and on 02.09.2022, when she went to purchase articles from the shop of the accused, he pulled her inside the shop, removed her T-shirt and after biting her lips, caught hold of her breasts and sexually assaulted the victim. Again on 04.09.2022, the accused approached the victim when her husband was not in the house and fearing further sexual assault, the victim went inside the house and closed the door and later, she complained to the police. The accused thus committed the offences alleged.

Sri. S. Rajeev., the learned counsel for the petitioner vehemently contended that the prosecution allegations are false. It was pointed out that, the delay in registering the complaint itself indicates the falsity of the prosecution case and further that, the allegations are raising against him due to his refusal to give a statement in favour of the employer of the victim, who has instigated the complaint. It was also submitted that since the petitioner was arrested on 25.09.2022 the continued detention is not essential.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and that the investigation is still ongoing.

Bail application filed by the petitioner on an earlier occasion was dismissed by this Court by order dated 13.10.2022. However, considering the period of detention already undergone by the petitioner, I am of the view that petitioner can be released on bail subject to strict conditions:

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

(a) 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.

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

c) Petitioner shall not enter into the jurisdiction of Pooyapally Police Station, Kollam until the conclusion of trial.

(d) 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 directly or indirectly.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) 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.