Arun S L And Ors vs State Of Kerala

The petitioners are accused Nos.3,4,7,9,10,11 and 12 in Crime No.2673 of 2020 of Nagaroor Police Station registered for the offence punishable

under Sections 143, 147, 148, 294(b), 323, 324, 341, 354, 506 and 509 of the Indian Penal Code.

The prosecution has alleged that the petitioners along with the other accused persons have formed themselves into an unlawful assembly armed

with deadly weapons, intercepted the defacto complainant, who was the counting agent of a candidate of CPI(M), while she was proceeding to her

house, with a deliberate intention. It was on 16.12.2020 while she was proceeding towards her house in her vehicle. She was wrongfully restrained by

the petitioners along with the other accused, after forming themselves into an unlawful assembly, with the intention to outrage her modesty and they

sexually assaulted her and attempted to disrobe her by removing her shawl and pushed her down to the road, causing injuries to her. They have also

caused damages to her vehicle and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners submitted that the petitioners are falsely implicated in the case due to the political enemity towards them and

in fact they are innocent and no incident as alleged by the defacto complainant had taken place on that particular day. But they apprehend arrest and

torture by the police on the false complaint registered against them by the police at the instigation of the defacto complainant. It is also pointed out by

the learned counsel for the petitioners that some of the accused were already granted bail by the learned Judicial First Class Magistrate and hence,

custodial interrogation of these petitioners may not be necessary to proceed with the investigation of the case and therefore, they are also entitled to

be released on bail.

The records would reveal that these petitioners have no previous enemity towards the victim. But the only reason for the alleged attack by them

towards the defacto complainant is because, she acted as the counting agent of a candidate who contested the election. Of -course the investigation of

the case is progressing smoothly and some of the accused persons have already been released on bail. It is significant that the prosecution could not

place materials before this court to show that they are having any criminal antecedents. But the gravity of the offence alleged against these petitioners

are grave and serious as they have attempted to outrage the modesty of the defacto complainant and attempted to disrobe her in a public road. So no

doubt, as the offence committed by the petitioners is against a lady, the gravity of the offence is more serious and therefore they are not entitled to be

released on bail by allowing the anticipatory bail application, as sought for by them.

Therefore, they are directed to surrender before the Jurisdictional Magistrate on 15.1.2021. Upon such surrender, the court below shall consider the

bail application, if any, and dispose of the same in accordance with the law, without any delay.

Bail application is disposed of.