Sivakumar vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

The petitioner is the accused in Crime No.597/2021 of Vellarada Police Station, Thiruvananthapuram District registered for the offences punishable

under Sections 451, 353, 354 and 506 of the Indian Penal Code.

2. The prosecution case is that on 19.03.2021 at about 10.45 hours, the petitioner had trespassed into an Anganwadi, where the defacto complainant

was working as a teacher and with the intention to outrage her modesty he caught hold of her and molested to her. He has threatened her with dire

consequences if she disclose the said fact to any one and has also caused obstruction to her in discharging her official duty. Thereby committed the

aforesaid offences.

3. The learned counsel for the petitioner has raised a plea of false implication and pleaded that he is totally innocent. It is further submitted that he is

a social worker. But due to the enmity of the defacto complainant towards him he has been falsely implicated in this case.

4. The learned Public Prosecutor on instructions submitted that the investigation of the case is over and now it is ready for filing the charge sheet.

As per an order of this Court dated 11.05.2021, interim bail was granted directing the petitioner to execute a bond with two solvent sureties in the

event of arrest. In compliance of the order the petitioner surrendered before the investigating officer and executed the bond. As now the case stands

posted for submitting the charge sheet before the court concerned, I do not find any reason to decline the relief sought for by the petitioner for pre-

arrest bail. Therefore, this application is allowed subject to the following conditions:

(i)Â The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each

to the satisfaction of the investigating officer in the event of his arrest.

(ii)Â He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)Â He shall co-operate with the investigation and trial of the case.

(iv)Â 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 from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(v)Â He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.