Shareef vs State Of Kerala

M.R. Anitha, J

This bail application has been filed under Section 438 Cr.P.C for pre-arrest bail. Petitioner is the sole accused in Crime No.556/2021 of Nooranad police station, registered for the offence punishable under Sections 323, 341, 354 and 506 IPC.

It is alleged that on 9.7.2021 at about 2.30 pm on the road situated on the western side of Kalloor Church accused, with the intention of causing hurt to the de facto complainant beat on her left cheek and stamped on her left thigh and torn the nightie by pulling it causing to exhibit her body part. It is alleged that the de facto complainant demanded the riders in a motor cycle which hit against her parents to take them to Hospital. Accused is a relative of the motor cyclist. It is also alleged that when the mother of the de facto complainant tried to rescue her, accused intimidated to cause hurt by showing an iron rod. Thereby accused committed the offence aforementioned.

According to the learned counsel for the petitioner, the incident occurred only out of a sudden altercation in between the de facto complainant and the petitioner, when a bike dashed against the parents of the de facto complainant. It is also his contention that since no injuries were caused to the parents of the de facto complainant, accused asked the riders of motor cycle to leave the scene. Then the de facto complainant and parents wanted compensation. Hence the act of the petitioner in permitting the other persons to leave the place infuriated the de facto complainant and parents which resulted in filing the complaint. According to the learned counsel for the petitioner, even if the entire case is accepted as true, the offence under Section 354 will not be attracted since there is no act on the part of the petitioner to outrage the modesty of the de facto complainant.

The learned Public Prosecutor on the other hand seriously objects in considering the petition. Copy of the report along with the FIR and FIS also produced. In the report filed by the Inspector it has been stated that the investigation made so far would reveal the commission of the offence as alleged by the de facto complainant. After the crime, accused absconded and hence he could not be arrested. If bail is granted to the accused there is possibility of the accused threatening the witnesses and causing hindrance to the further investigation of the case. He would also contend that if such offences are taken lightly, there would be every chance of increasing crime against women in the society.

Along with the report, the respondent also produced accident-cum-wound certificate of the mother of the de facto complainant as well as of de facto complainant which would show that immediately after the incident the de facto complainant and her mother were examined at Kuriakose Chavara Memorial hospital with the alleged history of assault. Mother had a complaint of giddiness. But no ENT bleeding has been noted and she had a complaint of pain on the left side of chin. The wound certificate of the de facto complainant would go to show that she has been examined on 3.45 pm on the same day immediately after the incident with the alleged history of assault and contusion on the left side of forehead and left side of cheek have been clearly noted. In the FIS she clearly narrates about the incident and categorically stated that her nightie has been pulled and torn and she was also kicked on the left side of her thigh. The reason behind the incident also appears to be very crucial ie, only for the reason that de facto complainant rushed to the spot of accident and demanded the riders of motor cycle to take the parents to hospital. It is alleged that the pillion rider of the motor cyclist is a relative of the petitioner herein and there upon the petitioner intervened and asked the motor cyclist to leave the place and thereafter assaulted and abused the de facto complainant. Though the beating with hand at the cheek may not attract 354 IPC the allegation of pulling the nightie and tearing the same resulting in exposure of body parts would prima facie attract the offence under Section 354 IPC. It is also to be remembered that the de facto complainant only wanted her parents to be taken to hospital since they had fallen down due to hit by the motor cycle. Investigation is at its preliminary stage.

In view of the facts and circumstances, this Court, at this stage, cannot conclude prima facie that there are no material to attract the offence under Section 354 IPC. Hence I am of the view that petitioner has not made out a case for pre arrest bail.

In the result, petition dismissed.