Sudheesh .S vs State Of Kerala

Sophy Thomas, J.

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No. 76 of 2024 of Kurathikadu Police Station, Alappuzha, registered under Sections 341, 323, 354, 354A)1)(i), 354A(2), 354B, 354D(1)(i), 354D(2) of the Indian Penal Code.

The prosecution allegation is that, on 22.01.2024 at 10.00 pm, the petitioner with an intention to molest the de facto complainant, caught hold on her tuft and fisted on her head and back, while she was watching fire works in a temple, by standing on the road, in front of her house.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, on the same day, at same time, the de facto complainant and her friend abused and assaulted the aged mother of the petitioner. Though they approached police with a complaint, no crime has been registered against the de facto complainant.

Learned Public Prosecutor, on instructions, submitted that, the investigation has progressed substantially, and the only non bailable offence alleged is under Section 354 of IPC.

In such circumstances, this Court is inclined to allow this bail application on the following terms:-

i. The petitioner is directed to surrender before the Investigating Officer on or before 11.03.2024, and subject himself for interrogation. The investigating officer shall interrogate him to collect all materials and evidence relevant for the purpose of investigation.

ii. In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

iii. Thereafter, the petitioner shall appear before the investigating officer as and when directed.

iv. The petitioner shall not try to contact the victim or her family members and shall not cause any kind of harassment to them directly or indirectly.

v. The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

vi. The petitioner shall not commit any offence while on bail.

vii. In case of violation of these conditions, the trial court is empowered to cancel his bail, in accordance with law.