IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 19TH DAY OF SEPTEMBER 2017/28TH BHADRA, 1939
Bail Appl..No. 5969 of 2017 ()
CRIME NO. 529/2017 OF CHERPULASSERY POLICE STATION,
AGED 48 YEARS, KADUNGANAT PATHAYAPURA,
PANNIYAMKURISSI P.O., CHERPULASSERRY,
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 19-09-2017, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
B.A No.5969 of 2017
Dated this the 19th September, 2017
O R D E R
The petitioner herein seeks pre arrest bail under
apprehension of arrest and custodial harassment in
connection with Crime No.529 of 2017 of the Cherpulassery
2. The complainant in this case is the petitioner’s
sister-in-law. The prosecution case is that at about 6.30 on
8.8.2017, the petitioner assaulted the de facto complainant
and inflicted injuries on her body in connection with some
other dispute within the family.
3. On a perusal of the complaint in this case, I find
that what is at the best revealed is an instance of assault.
For a prosecution under Section 354 I.P.C, something more
is required by way of sexual intent. Such essential
elements are not seen prima facie in the complaint in this
B.A No.5969 of 2017
In the result, this petition for pre arrest bail is allowed.
The petitioner is ordered to be released on bail on his
executing a bond with two solvent sureties for 25,000/-
(Rupees Twenty five thousand only) each to the satisfaction
of the arresting officer or the court below having jurisdiction,
in case of his arrest in connection with Crime No.529 of 2017
of the Cherpulassery Police Station. Bail is granted on
a) The petitioner shall report before the
investigating officer between 10 am. and 11 am on
all Mondays for a period of six weeks.
b) The petitioner shall not leave the
limits of the Cherpulassery Police Station for a
period of six weeks.
c) The petitioner shall not in any
manner influence or intimidate the material
witnesses, and shall not have any contact with the
material witnesses directly or over telephone or
P.S to Judge