Seema And Ors vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

Petitioners are the accused in Crime No.210/2020 of Kadakkal Police Station. The above case is registered against the petitioners alleging offences

punishable under Sections 341, 323, 324, 294(b), 506(ii), 452 and 354 r/w 34 IPC.

The prosecution case is that on 26.1.2020 at 10 pm, all the petitioners trespassed into the residence of the defacto complainant and caught hold of

her. It is alleged that the accused assaulted her. The further case of the prosecution is that the petitioners outraged the modesty of the defacto

complainant.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The counsel for the petitioners submitted that the only non bailable offence alleged against the petitioners is under Sections 452 and 354 IPC. The

counsel submitted that the petitioners are ready to abide any condition, if this Court grant them bail.

The learned Public Prosecutor submitted that the final report is already filed in this case on 12.11.2020.

After hearing both sides, I think, this bail application can be allowed on stringent conditions. Admittedly, the investigation is over and the final report

is filed before the court below. Therefore, I think, this bail application can be allowed directing the petitioners to surrender before the court below.

Therefore, this bail application is allowed with the following directions:

The petitioners shall surrender before the jurisdictional court within ten days from today.

If the petitioners surrendered before the jurisdictional court within ten days, the learned Magistrate will release the petitioners on bail executing a

bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the lower court.

I make it clear that the learned Magistrate is free to impose any other conditions in the facts and circumstances of the case.