Manu Raman vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for pre-arrest bail under Section 438 of the Cr.P.C.

Petitioner is arrayed as the accused in Crime No.111 of 2022 of Vellarikundu Police Station, Kasargod, alleging offences under Sections 354, 354(1)(i) of the Indian Penal Code, 1860.

The prosecution case is that, petitioner, who is the defacto complainant’s husband’s sister’s son caught hold of her breats on 27.01.2022, when she want to fetch water from a well and thereby committed the offences alleged.

Sri.Sreejith, the learned counsel for the petitioner contended that petitioner is totally innocent and that the allegations are falsely raised due to a property dispute.

The learned Public Prosecutor on the other hand contended that, petitioner is alleged to have committed serious offences requiring custodial interrogation.

On an appreciation of the contentions, I am of the view that the petitioner is closely related to the defacto complainant, who is his aunt and therefore the allegations if true are serious in nature. In view of the above, the petitioner is entitled to be released on bail in the event of his arrest on conditions.

Accordingly, this application is allowed on the following conditions:

(i) In the event of the petitioner being arrested in connection with Crime No.111 of 2022 of Vellarikundu Police Station, he 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, before the Investigating Officer.

(ii) Petitioner shall appear before the Investigating Officer on 24/6/2022.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant/victim or his/ her family members;

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not enter into the house of the defacto complainant/ victim under any circumstances.

(vi) The 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.