Raveendran Pillai vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.1360 of 2022 of Pooyappally Police Station, Kollam District alleging offences punishable under Sections 354, 354A(1)(i) and 509 of the Indian Penal Code, 1860 and also under Section 119A of the Kerala Police Act, 2011.

The prosecution case is that, on 13.09.2022 at 5.15 p.m. the accused outraged the modesty of the victim, while she was travelling in a bus from her office to her residence, by standing behind her and touching her body and thereafter exhibiting his private parts and rubbing his genital organ on the body of the victim, and thereby committed the offences.

Sri.D.Kishore, the learned counsel for the petitioner, submitted that the petitioner is implicated under a wrong notion and that he is totally innocent. It was further submitted that petitioner has been in custody since 14.09.2022, and hence the continued detention ought not be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and contended that the victim is a practicing lawyer and that the allegations against the petitioner are serious in nature. It was further submitted that the investigation is still ongoing and therefore releasing the petitioner on bail at this juncture will casue prejudice to the prosecution.

I have considered the rival contentions. Though the allegations against the petitioner are serious in nature, considering the circumstances of the case as well as the period of detention already undergone, I am of the view that the petitioner can be released on bail on strict 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 victim 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.