Ashraf vs State Of Kerala

A. Badharudeen, J

Anticipatory bail plea at the instance of the sole accused in crime No.78/2024 of Kambalakkad Police Station, Wayanad, is the sum and substance of this petition filed under Section 438 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail. Perused the relevant documents form part of the case diary in detail.

In nutshell, the prosecution case is that, at about 5 pm on 27.02.2024, when the de facto complainant reached at Kambalakkad Soopi road, the accused herein caught hold the hand of the de facto complainant and pulled her through the road, which resulted in tearing of her pardha. In this way, the accused outraged the modesty of the minor and crime alleging commission of offences punishable under Section 354 of IPC and Sections 10 read with 9(i) of the Protection of Children from Sexual Offences Act, 2012 was registered.

The learned counsel for the petitioner sought the relief of anticipatory bail, on the submission that the petitioner is innocent. It is submitted further that the allegations are very silly in nature. The petitioner is ready to co-operate with the investigation and therefore, he may be released on bail by imposing necessary conditions to effectuate meaningful investigation.

Though the learned Public Prosecutor formally opposed bail, he also conceded that only minor overt acts alleged in this occurrence.

On perusal of the prosecution records, the allegation is that the accused caught hold the right hand of the de facto complainant and pulled her to the road and thereby her pardha was torn. Since the allegations are not so serious, even though the offences are made out prima facie, by directing the petitioner to subject himself for interrogation for the purpose of investigation, he can be enlarged on regular bail.

In the result, this bail application stands allowed. The petitioner is enlarged on regular bail on the  following conditions:

i. The petitioner shall appear before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Special Court on the date of arrest itself.

ii. On such production, the Special Court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand) by himself and by two solvent sureties, each for the like sum to the satisfaction of the Special Court.

iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner.

v. The petitioner shall not meet, disturb or to deal with the victim or her family till the trial of the case and any violation by itself would warrant cancellation of the bail hereby granted.