Bhakthavalsan vs State Of Kerala And Anr

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

Petitioner is the sole accused in Crime No.2 of 2020 of Padagiri Police Station, registered for offences punishable under Sections 341, 354, 294(b)

and 323 of the Indian Penal Code. The defacto complainant is a woman employee in the Estate, of which the petitioner is the Manager. The allegation

is that when the defacto complainant went to the office of the Estate for getting the particulars of her Provident Fund account, the accused caught

hold of her hand and made sexually coloured remarks. It is also alleged that when a colleague of the defacto complainant intervened, the accused

assaulted her.

Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

The petitioner had earlier filed an application for anticipatory bail in this case as B.A.No.275 of 2020 on the ground that the case is a falsely foisted

one at the instance of a few other persons, against whom the petitioner had lodged a complaint to the Police, and this court dismissed the said

application as per Annexure A2 order holding that there are no materials to reasonably connect the accusation in the complaint with the defacto

complainant.

It is alleged by the petitioner in the bail application that on 30.12.2019 at 4.30 p.m., a few employees of the Estate barged into the office of the

petitioner and physically assaulted him; that he immediately went to the Community Health Centre, Nenmara and from there, he was referred to the

District Hospital, Palakkad; that the occurrence was reported to the Police by the officials of the Community Health Centre, Nenmara on 30.12.2019

itself; that on realising that no crime was registered on the said information reported to the Police, the petitioner lodged a complaint before the District

Superintendent of Police and on a reference by the District Superintendent of Police, a crime was registered against a few persons as Crime No.3 of

2020 in the very same Police Station under Sections 452, 294(b), 323, 324, 427, 506(i) and 342 read with Section 34 of the Indian Penal Code. The fact

that the occurrence referred to by the petitioner in the Bail Application has been reported to the Police from the Community Health Centre, Nenmara

and a case has not been registered on the basis of the same, is not disputed by the respondents. Similarly the fact that the petitioner has lodged a

complaint on 31.12.2019 concerning the occurrence took place on 30.12.2019 as stated by him in the Bail Application and on a reference of the said

complaint by the District Superintendent of Police, Crime No.3 of 2020 was registered, is also not disputed by the respondents. Annexure A4 is the

First Information Report in Crime No.3 of 2020 and Annexure-A1 is the First Information Report in Crime No.2 of 2020. It is seen that the

occurrences in both the First Information Reports are alleged to have taken place at the very same time and place namely 4.30 p.m on 30.12.2019. As

such, one among them is certainly a false case. As stated by the petitioner, Annexure-A1 case in respect of which the petitioner seeks bail is one

reported only at 7.14 pm on 1.1.2020 whereas the occurrence referred to by the petitioner was reported to the police on 30.12.2019 itself. In a case of

this nature, according to me, this Court ought to have granted anticipatory bail to the petitioner. Since the earlier application for bail preferred by the

petitioner has been dismissed by this court without taking note of the aforesaid facts which would create a reasonable doubt as to the genuineness of

Annexure A1 case, the said decision, according to me does not create any fetter on the power of this court in granting anticipatory bail sought for by

the petitioner.

In the result, the Bail Application is allowed subject to the following conditions;

i) The petitioner shall make himself available for interrogation before the Investigating Officer within ten days from today. He shall also make himself

available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so;

ii) If the petitioner is arrested prior to, or after his appearance before the Investigating Officer in terms of this order, he shall be released from custody

on execution of a bond for Rs.25,000/- with two sureties each for the like sum.

(iii) The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence of the prosecution.

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