Crime No. 529/2017 Of … vs By Advs.Sri.S.M.Prem on 19 September, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

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,
PALAKKAD DISTRICT
———

PETITIONER/ACCUSED :
——————

ACHUTHANANDAN,
AGED 48 YEARS, KADUNGANAT PATHAYAPURA,
PANNIYAMKURISSI P.O., CHERPULASSERRY,
PALAKKAD-679503.

BY ADVS.SRI.S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD)
SRI.H.NARAYANAN

RESPONDENT/COMPLAINANT :
———————-

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:

bp

P.UBAID, J.
~~~~~~~~~~
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

Section 438 of the Code of Criminal Procedure on the

apprehension of arrest and custodial harassment in

connection with Crime No.529 of 2017 of the Cherpulassery

Police Station registered under Sections 341, 323, 354 and

452 of the Indian Penal Code. He is the sole accused in the

crime.

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

case.

B.A No.5969 of 2017
2

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

condition that:

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
otherwise.

Sd/-

P.UBAID
JUDGE
ma

/True copy/
P.S to Judge

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