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Sunil vs State Of Kerala And Ors

High Court Of Kerala · Decided on 23 March 2021 · Citation: (2021) 03 KL CK 0253

HON’BLE JUDGES
B. Sudheendra Kumar, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354, 354(A), 451 · Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(w)(ii) · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 175 Of 2021
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Judgment

10 paragraphs · 335 words
1.

The appellant is the sole accused in Crime No.107/2021 of Konni Police Station. The offences alleged are punishable under Sections 451, 354 and 354(A) of IPC and Section 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant filed Crl.M.P.No.214/2021 before the court below under Section 439 Cr.P.C., which was dismissed by the court below as per the order impugned, against which, this appeal has been filed.

2.

The prosecution allegation is that on 23.01.2021 at about 4.00 p.m., the appellant trespassed into the house of the victim and caught hold of her with sexual intention.

3.

The appellant was arrested on 31.01.2021 and ever since he has been in custody.

4.

Heard.

5.

The learned Senior Public Prosecutor has submitted that the major part of the investigation is almost complete. It has been further submitted by the learned Senior Public Prosecutor that the appellant is not involved in any other offence. Considering the facts and circumstances of the case, including the period of detention of the appellant, the stage of investigation and also taking into consideration of the fact that the appellant is a first time offender, I am inclined to grant bail to the appellant.

In the result, this appeal stands allowed setting aside the order impugned and the court below is directed to enlarge the appellant on bail on his executing a bond for Rs.40,000/- (Rupees Forty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the court below and subject to the following further conditions:-

(i) The appellant shall appear before the Investigating Officer as and when required by the Investigating Officer for interrogation.

(ii) The appellant shall not enter into the limits of Konni Police Station for a period of three months without the leave of the learned Magistrate.

(iii) The appellant shall not intimidate or influence the victim or any other witness or in any way tamper with the investigation.

(iv) The appellant shall co-operate with the investigation.