Shahid K.P vs State Of Kerala

C.Jayachandran, J.

This is an application for pre-arrest bail preferred by the accused persons in Crime No.252 of 2022 of Pattambi Police Station for offences under Sections 341, 354, 323, 506 r/w 34 of the Indian Penal Code.

The prosecution would allege that, on 29.04.2022 at 11.30p.m., a hearing was being conducted before the Secretary of Pattambi Municipality, wherein accused nos.1 and 2, defacto complainant and her husband participated. Agitated by a complaint preferred by the husband of the defacto complainant against the second accused, the first accused, with the connivance of the second accused, threatened the defacto complainant and her husband. Besides, he caught hold of the defacto complainant's husband by his shirt and pushed him. When the defacto complainant attempted to prevent the same, the first accused caught hold of her left hand and pushed her by chest, so as to outrage the modesty, thus committing the offences enumerated above.

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

Learned Public Prosecutor pointed out that the second accused has been deleted from the array of accused, to which effect report is preferred by the Investigating Officer. In view of the same, this bail application will stand closed as against the second petitioner/second accused.

Having heard the learned counsel appearing on both sides, this Court is of the opinion that, there exists no prima facie material/ingredients so as to attract the offence under Section 354 of the Indian Penal Code, which is the solitary non bailable offence canvassed by the prosecution. Essentially, there was a scuffle between the first accused and the defacto complainant's husband. When the defacto complainant attempted to intervene, she was allegedly pushed by her chest. A perusal of the FIS would not indicate that the same is done with any sexual intent or desire, prima facie. At any rate, the custodial interrogation of the first petitioner is not indicated in the given set of allegations.

In the result, this bail application is allowed in so far as the first petitioner is concerned. The first petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

(i) The first petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 a.m. and 11 a.m. for a period of one month, thereafter, as and when called for by the Investigating Officer until final report is filed.

(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

(iii) He shall not commit any similar offence while on bail.

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.