Dais vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

The petitioner is the accused in Crime No.1194/2021 of Medical College Police Station, Thrissur District alleging commission of offences under Sections 341, 354, 354A, 354B & 509 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, who is a Proprietor of a Hotel, employed the de facto complainant as a cleaning staff of the Hotel. The de facto complainant is a native of West Bengal. It is alleged that on the first day on which the de facto complainant reported for work i.e, on 20.9.2021, the petitioner attempted to engage her in a sexual relationship while she was cleaning the rooms in the Hotel and thereby committed the offences under the aforesaid provisions of law.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter and that he is running a Hotel which is situated on top of the other shops in a busy place along with the help of his family members including his wife and son. He submits that the allegation was raised unnecessarily and with an intent to black mail the petitioner. It is submitted that the de facto complainant worked in the Hotel of the petitioner only for a day and it is highly unlikely that the allegation of assault is correct, is the submission of the learned counsel.

The learned Public Prosecutor on instructions would submit that the Police have retrieved CCTV footages which would prima facie establish that the version of the de facto complainant is correct. It is submitted that on two occasions, on 20.9.2021, the petitioner had gone into the room where the de facto complainant was working as alleged in the complaint of the de facto complainant. It is submitted that while CCTV footages do not show what happened inside the room, the time and place of the alleged assault of the de facto complainant matches with the images recorded in the CCTV footges. It is also submitted that the de facto complainant had gone to the kitchen attached to the Hotel and had informed a co-worker about the attempt made by the petitioner to modest her. It is submitted that the investigation in the matter is progressing and the grant of bail at this stage may affect the investigation as most of the witnesses in the case are employees of the petitioner himself.

Having regard to the facts and circumstances of the case and considering the fact that the custodial interrogation of the petitioner may not be necessary for the purposes of investigation in this case, I am inclined to grant anticipatory bail to the petitioner with limited custody to the Police to ensure that the petitioner co-operates with the investigation in every manner possible.

In the result, this application for anticipatory bail is allowed. It is directed that in the event of arrest in connection with Crime No. 1194/2021 of Medical College Police Station, 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 report on Every Monday and Saturday at 11 a.m. before the investigating officer in Crime No. 1194/2021 of Medical College Police Station;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No. 1194/2021 of Medical College Police Station;

(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. 1194/2021 of Medical College Police Station, Thrissur District may file an application before the jurisdictional Court, for cancellation of bail.