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Judgment
14 paragraphs · 321 wordsBechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.917 of 2022 of the Contonment Police Station, Thiruvananthapuram alleging offences punishable under Sections 451, 354A(1)(i)(ii), 324 and 326 of the Indian Penal Code 1860.
According to the prosecution, on 18.03.2022, the accused trespassed into the flat of the defacto complainant and caught hold of her chest demanding sexual favours and when the defacto complainant refused, she was seriously assaulted causing fracture, thereby committing the offences alleged.
Sri.Naveen Radhakrishnan, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred.
Sri.Sudheer G., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious in nature.
Having regard to the detention of the petitioner from 30.08.2022, I am of the view that the continued detention is not necessary.
Accordingly, I allow this application on the following conditions :-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.