Vivek.P vs Station House Officer

The petitioner has been arrayed as accused No.1 in Crime No.384/2019 of Elathur Police Station, which has been registered for offences

punishable under Sections 341, 323, 354, 354A and 427 r/w. Sec.34 of IPC.

The prosecution in short is that on 27.4.2019 at 20.30 hours, while the defacto complainant and his fiance with whom his marriage has been fixed,

were sitting in car on the side of the road in front of the Meithra Hospital, Edakkad, the accused persons with the intention to commit the above said

crime, wrongfully restrained the complainant and beat him with hands and when the lady tried to obstruct beating the complainant, the accused

persons outraged her modesty by using criminal force and caught hold of her hands and dress with intention to physical harassment and accused

persons had broken the glass of the car and the complainant sustained loss of Rs.75,000/- etc. All together, there are four accused and accused No.1

(petitioner) has been arrested on 14.5.2019 and has been under judicial custody since then. Accused 2 to 4 have not so far been apprehended.

The learned counsel for the petitioner would urge that the only non-bailable offence alleged against the petitioner in this case is the one as per

Section 354 of IPC and that the petitioner is innocent of the charges and that, at any rate, as he has been under judicial custody since 14.5.2019,

continued detention longer necessary and this Court may grant regular bail subject to stringent conditions.

The learned Public Prosecutor has opposed the grant of bail and would submit that it is learnt that the motive of the accused persons arose out of an

attitude of moral policing, as they found couple in the car and further that the petitioner has been involved in many other crimes. Further it is pointed

out that the petitioner is likely to influence and intimidate the witnesses.

After hearing both sides, taking note of the nature of allegations in this case and the fact that the petitioner has been under judicial custody since

14.5.2019, this Court is inclined to take the view that his continued detention may not be necessary. However, the apprehension raised by the

prosecution about the likelihood of the petitioner influencing and intimidating the witnesses has to be factored in. The said apprehension of the

prosecution appears to be justified and it could be alleviated by directing that the petitioner shall not reside within the territorial limits of the Police

Station, where the complainant and the lady are residing.

Accordingly, it is ordered that the petitioner shall be released on bail on his executing bond for Rs.50,000/-(Rupees fifty thousand only) and on his

furnishing 2 solvent sureties for the like sum each to the satisfaction of the competent court concerned. However, the above order shall be subject to

the following conditions:

(i). The petitioner will report before the Investigating Officer concerned at any time between 10:00 a.m. and 12:00 noon on every 2nd and 4th

Saturdays for the next 3 months. Thereafter the petitioner shall report before the Investigating Officer as and when directed by him.

(ii). The petitioner shall not intimidate or attempt to influence the defacto complainant/victim, witnesses; nor shall tamper with the evidence.

(iii). The petitioner shall not commit any similar offence while on bail.

(iv) The petitioner shall not go or visit anywhere near the residences of the defacto complainant and the lady victim.

(v) The petitioner shall not enter into or reside anywhere within the territorial limits of Police Station, where the defacto complainant and the lady

victim are residing until the conclusion of the trial, except for the limited purpose of reporting before the Investigating Officer in this case or in any

other crimes and for attending to the courts in connection with this case or any other cases or for contacting his advocate/lawyer, etc. However, if

there is any genuine need for the petitioner may temporarily enter into the said area, he may do so, only with due permission of the Investigating

Officer.

(vi) The Investigating Officer will depute a Police Constable once in four weeks to the residence of the lady defacto complainant and the lady victim

to ascertain from them that the petitioner of any other accused persons have in any manner intimidated or influenced them and if anything adverse is

brought to the notice of the Investigating Officer, then the Investigating Officer shall immediately deal with the matter in accordance with law.

In case of violation of any of the above conditions, the jurisdictional Court concerned will stand hereby empowered to consider the application for

cancellation of bail, if required, and pass appropriate orders in accordance with the law.

With these observations and directions, the above Application stands allowed.