John R vs State Of Kerala

M.B.Snehalatha, J

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.

The petitioner is the 5th accused in Crime No.731 of 2024 of Vandenmedu Police Station, Idukki. The above case is registered against petitioner and other accused for the offences punishable under Sections 296(b), 126(2), 115(2), 118, 74, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case is that on 31.10.2024, at around 6.30 pm, A1 to A4 attacked the defacto complainant and hurled abuses towads the defacto complainant. It is further alleged that when a neighbour named, Subhamala intervened, the 3rd accused caught hold her right hand muscle and thus outraged her modesty. Accused thereby committed the aforementioned offences.

Heard the counsel for the petitioner and the learned Public Prosecutor.

The petitioner who is A4 would contend that he is innocent and he has not committed any offence alleged against him.

The learned Public Prosecutor though opposed the application conceded that the only overt act alleged against the petitioner/A4 is that he hurled abuses against the defacto complaint.

Regard being had to the nature of allegations against A4 and also having regard to the fact that the other accused were already released on bail, this Court is of the view that the petitioner can be released on bail.

Accordingly, this petition for pre-arrest bail stands allowed on the following conditions:

Petitioner shall surrender before the Investigating Officer within one week from the date of this order and in the event of arrest, he shall be released on bail on executing a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like-sum.

The petitioner shall appear before the Investigating Officer on every Saturday in between 9 a.m and 11 a.m for a period of three months and shall co-operate with the investigation.

Petitioner shall not intimidate or influence the witnesses.

Petitioner shall not involve in any crime while on bail.