Pradeep vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.987/2022 of Vadakkencerry Police Station, Palakkad District. The offences alleged against the petitioner are under Sections 354 and 354A(1)(i) of the Indian Penal Code. 1860.

According to the prosecution, on 12.10.2022 the accused with an intention to sexually harass the defacto complainant, hugged her from her back and kissed her and thereby outraged the modesty and committed the offences alleged against him.

Sri.V.A.Johnson, learned Counsel for the petitioner contended that the entire prosecution allegations are false. It was further submitted that petitioner was arrested on 13.10.2022 and has been in custody since then.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and contended that the allegations are serious in nature and that if the petitioner is released on bail, there is every chance of him influencing the witnesses.

I have considered the rival contentions.

Taking note of the detention of the petitioner from 13.10.2022 and considering the entire circumstances, I am of the view that the petitioner can be released on bail on conditions.

In the result, this application is allowed 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.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) 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.