Nurdhin Mallick vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The Petitioner is the accused in Crime No.1299 of 2021 of Ernakulam Town South Police Station, Ernakulam District, alleging commission of offence under Section 354 of the Indian Penal Code.

The allegation against the petitioner is that on 20.10.2021, when the de-facto complainant was proceeding to her place of residence after completing her work at a super market along with six other co-workers, at the time when she reached near her house and she while walking separately from her co-workers, the petitioner/accused came there on a red bicycle and grabbed her private parts and there by committed the offence alleged against him. .

The learned counsel for the petitioner would submit that the petitioner is a tailor by profession and he was in his tailoring shop with customers at the time when the incident was alleged to have taken place. It is submitted that this is a clear case of mistaken identity and the petitioner has been wrongly implicated in the matter.

The learned Public Prosecutor, on instructions submits that the investigation in the matter is only progressing and the grant of bail at this stage may affect the progress of investigation. It is also submitted that there is every chance that the accused may abscond if he will released on bail as he is a native of West Bengal.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is in custody from 23.10.2021, I am inclined to grant bail to the petitioner.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court, out of which one shall be a local surety. If the petitioner produces one local surety and is not able to produce any other surety, it will be open to the petitioner to deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) under Section 445 of the Cr.P.C in lieu of execution of bond;

(2) Petitioner shall appear before the investigating officer in Crime No.1299 of 2021 of Ernakulam Town South Police Station, Ernakulam District, on every Saturday at 11 am until further orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.1299 of 2021 of Ernakulam Town South Police Station, Ernakulam District,;

(4) The petitioner shall surrender his passport before the Jurisdictional Court;

(5) 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.1299 of 2021 of Ernakulam Town South Police Station, Ernakulam District, may file an application before the Jurisdictional Court for cancellation of bail.