Basheer vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.605/2023 of Aluva West Police Station (Alangad), Ernakulam District alleging commission of offences under Sections 452, 354, 354 A (I) (i) of the Indian Penal Code and Section 3(2)(Va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'SC/ST Act' for short).

The allegation against the petitioner is that on 28-11-2023 at about 12 p.m the petitioner with an intention to outrage modesty of the minor victim (who belongs to one of the scheduled castes) tresspassed in to her house and hugged her and thereby the petitioner committed the offences alleged against him.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner had not done any act so as to outrage the modesty of the victim. It is submitted that the petitioner is 65 year old and has no criminal antecedents. It is submitted that the petitioner is suffering from age related ailments and also from memory loss. It is submitted that the petitioner has completed more than 28 days in custody and the continued detention of the petitioner is not necessary in the facts and circumstance of the case .

The learned Public Prosecutor submits that allegations against the petitioner are serious. It is submitted that since the offences under the SC/ST Act are also involved, notice of this bail application had been given to the guardian of the victim on 14-12-2023. It is submitted that the investigation is only progressing and a clearer picture will be available only after the investigation is completed. It is confirmed that no criminal antecedents are reported against the petitioner.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and considering the nature of allegations, I am of the view that the petitioner can be granted bail subject to conditions. Accordingly this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall appear before the investigating officer in Crime No.605/2023 of Aluva West Police Station (Alangad), Ernakulam as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.605/2023 of Aluva West Police Station (Alangad), Ernakulam;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.605/2023 of Aluva West Police Station (Alangad), Ernakulam may file an application before the jurisdictional Court for cancellation of bail.