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GOPALAKRISHNAN NAIR @ MANIYAN vs STATE OF KERALA

High Court Of Kerala · Decided on 6 June 2017 · Citation: (2017) 06 KL CK 0045

HON’BLE JUDGES
Sunil Thomas
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-354>Section 354</a> - Assault or criminal force to woman with intent to outrage her modesty · <a href=6893>Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989</a>, <a h
RESULT
Allowed
CASE NUMBER
3775 of 2017
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Judgment

27 paragraphs · 218 words
1.

Petitioner herein is the sole accused in Crime No.638 of

2017 of Venjaramoodu Police Station for offences punishable under

section 354 of the Indian Penal Code r/w section 8 of Protection of

Children from Sexual Offences Act, 2012 and section 3(1)(w) of

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act .

2.

It is alleged by the prosecution that on 25.04.2017 at

2.15p.m., petitioner herein sexually assaulted the 14 year old

victim, who belongs to SC/ST community by pressing her breast.

Complaint was laid and petitioner herein was arrested on

26.04.2017. He seeks bail.

3.

The investigation has substantially progressed.

Petitioner herein is aged about 70 years. Having considered these

facts, I am inclined to grant bail to the petitioner herein subject to

the following conditions.

(i) Petitioner shall execute a bond for a

sum of Rs.50,000/- (Rupees fifty thousand only)

with two sureties for the like sum each to the

satisfaction of the jurisdictional Court.

(ii) He shall appear before the Investigating

Officer on all Saturdays between 9 a.m. and 10

a.m. for a period of two months from the date of his

release.

(iii) He shall not threaten, coerce or

intimidate the de facto complainant and the

witnesses nor shall he interfere in the process of

investigation.

The bail application is allowed as above.