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Judgment
8 paragraphs · 322 wordsV.G. Arun, J
The petitioner is the accused in Crime No.334 of 2023 of Kalikavu Police Station registered for the offences under Sections 451, 354, 354(A)(1)(i) of IPC and Sections 3(2)(va) and 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The crime is registered on the allegation that, at about 4.30 p.m. on 15.05.2023, the appellant criminally trespassed into the shop in which the de facto complainant was working and outraged her modesty by catching hold of her breast and thighs. The appellant was arrested on 17.06.2023 and is in custody since then. Even though the appellant moved the Special Court for bail, that application was rejected, since the investigation was at its initial stage and there being possibility of the appellant interfering with the investigation and attempting to influence the witnesses.
Learned Counsel for the appellant submitted that, even going by the prosecution allegations, appellant's custody for more than three weeks is not justified. According to the Counsel, the investigation is over and the apprehension that the appellant may influence the witnesses can be addressed by imposing appropriate conditions.
Learned Public Prosecutor submitted that the allegations are grave and the investigation is almost complete.
Insofar as the appellant was arrested on 17.06.2023 and the investigation has reached its final stage, no purpose will be served by his continued incarceration. Hence, the appellant can be enlarged on bail subject to conditions. Accordingly, the following order is passed:-
i) The appellant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount, to the satisfaction of the trial court.
ii) The appellant shall report before the investigating officer every Sunday, between 9.00 a.m. and 10.00 a.m., till the final report is filed.
iii) The appellant shall not attempt to intimidate or influence the de facto complainant or other witnesses in any manner whatsoever.