Sanal Kumar @Podikuttan vs State Of Kerala

The petitioner is the sole accused in Crime No.1830/2020 of Neyyardam Police Station registered for offences punishable under Sections 294 (b),

323, 324, 354, 451, 427 and 506 (i) of the I.P.C.

The prosecution allegation is that, at about 8.00 P.M on 24.12.2020, the petitioner had assaulted the de facto complainant outside her house and had

abused her and outraged her modesty.

According to the petitioner, the de facto complainant's husband had borrowed money from him and had failed to repay. The petitioner had gone to

the de facto complainant's house demanding the money due to him. On seeing the petitioner, de facto complainant's husband went into the house and

refused to come out. Later, the false complaint was filed to wriggle out of the liability.

I have heard the learned Public Prosecutor also.

The available materials would reveal that, despite the incident having taken place on 24.12.2020, the complaint was submitted only on 26.12.2020.

Further, there is no allegation of the petitioner having used any weapon or having caused grievous hurt to the defacto complainant. The only Non

Bailable Offence is under Section 354 of the I.P.C. In such circumstances, there is no requirement for custodial interrogation of the petitioner. Hence,

I am inclined to allow the prayer for anticipatory bail, subject to the following conditions:

i. Petitioner shall appear before the investigating officer within two weeks.

ii. The investigating officer shall interrogate the petitioner and in the event of arrest, he shall be released on bail, on executing a bond for Rs.25,000/-

(Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the investigating officer.

iii. Petitioner shall not get involved in any similar offence during the pendency of the bail and shall not, in any manner, try to influence the witnesses or

intimidate them.

iv. Petitioner shall co-operate with the investigation.

If any one of the above condition is violated, the investigating officer will be at liberty to approach the jurisdictional court for cancellation of bail.