Vincent vs State Of Kerala

Gopinath P., J

This is an application for regular bail

Petitioner is the sole accused in Crime No.795/2023 of Guruvayur Police Station, Thrissur District, alleging commission of offences under Sections 354 and 354 A(l)(i) of the Indian Penal Code.

The prosecution case is that on 20-09-2023 at 09.15 hours, while the defacto complainant was travelling on a private bus named Alankar from Kunnamkulam to Ariyannur Sreekrishna College, the accused made unwelcome and explicit sexual advances and also ejaculated on the defacto complainant.

The learned counsel for the petitioner would submit that even if the allegations against the petitioner are accepted to be true, the offence under Section 354 IPC is not made out. It is submitted that the petitioner has been in custody for 30 days and continued detention of the petitioner is not necessary for the completion of the investigation into the crime registered against the petitioner.

The learned Senior Public Prosecutor has placed before the Court the First Information Statement of the defacto complainant to indicate that there are clear allegations against the petitioner to attract the offence under Section 354 of the Indian Penal Code. It is submitted that the allegations against the petitioner are serious and the petitioner is not entitled to bail at this point of time. However, it is submitted that no criminal antecedents are reported against the petitioner.

Having heard the learned counsel for the petitioner and the learned Senior Public Prosecutor, I am of the view that the petitioner can be granted bail subject to conditions. The petitioner has been in custody for 30 days. Further detention of the petitioner is not shown to be necessary for the purposes of investigation. Apart from the fact that the allegations against the petitioner are serious, no compelling reason is to be shown as to why the petitioner must be continued in custody.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

i) The petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.795/2023 of Guruvayur Police Station, Thrissur District on all Saturdays between 10.00 A.M and 11.00 A.M till 31-12-2023 and thereafter whenever called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the defacto complainant or any witness in Crime No.795/2023 of Guruvayur Police Station, Thrissur District;

(iv) The petitioner shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the Investigating officer in Crime No.795/2023 of Guruvayur Police Station, Thrissur District, may file an application before the jurisdictional Court for cancellation of bail.