Rajesh K.R. vs State Of Kerala

The petitioner herein is the accused in Crime.No. 423/2017 of Kudiyanmala Police Station, Kannur District, for the offences punishable under Section 457, 354(A) and 506 (I) if IPC and Section 3(1) (w) (I) (ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2017.

Prosecution alleged that on 14.12.2017 at 9 pm the petitioner herein trespassed into the house of the defacto complainant and requested for sexual favours. When she resisted it , he allegedly outraged her modesty by touching on her body. She laid a complaint and the petitioner herein was arrested on 17.12.2017 and he is in judicial custody from 18.12.2017 onwards.

The  learned  Public  Prosecutor  opposed  the application by contending that the petitioner herein had bad criminal antecedent which has been taken note of by the court below also. It is true that the petitioner seems to be involved in six other cases which includes one under Section 308 IPC also. Evidently the antecedents of the petitioner herein is not appreciable so as to take a lenient view.

However, having regard to the fact that in the present case the petitioner is in custody since long, I feel that the petitioner herein can be granted bail on the following conditions:

The petitioner shall execute a bond for a sum of Rs. 50,000/- (Rupees Fifty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

He shall appear before the investigation officer on all Mondays and Fridays between 9 am and 10 am for a period of two months from the date of his release.

He shall not get involved in any other crimes, which shall be an essential condition of this bail and in case of its violation, the bail is likely to be cancelled.

He shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation.