IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
MONDAY, THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA,
1940
Bail Appl.No. 5824 of 2018
CRIME NO. 481/2018 OF Adimaly Police Station, Idukki
PETITIONER/ ACCUSED :
PRAJEESH,
AGED 31 YEARS,
S/O. RAGHU, PUTHENPARAMBIL HOUSE,
MUNITHANDU BHAGOM,
ADIMALY POST,
MANNAMKANDOM VILLAGE
IDUKKI.
BY ADV. SRI.S.JIJI
RESPONDENT/ STATE :
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM – 682 031.
BY PUBLIC PROSECUTOR SMT.M.N.MAYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.11.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl.No. 5824 of 2018
2
ORDER
The petitioner is the accused in Crime
No.481/2018 of Adimaly Police Station, Idukki
District, registered for the offences punishable under
Sections 447, 354, 354A and 506(i) of the Indian Penal
Code.
2. The prosecution case is that on
05.08.2018, at about 3.00 p.m., the petitioner
trespassed into the courtyard of the house of the
de facto complainant with an intention to outrage her
modesty and spoke to her in sexually inducing language
and threatened her with fear of death and has thus
committed the offence. The petitioner is a resident of
the same locality and is in close acquaintance with
the de facto complainant. Recently, the de facto
complainant developed some dis-likeness towards the
petitioner. This infuriated the petitioner and on
seeing her, he tried to ask her about the same, which
lead to some unfortunate scuffles between them.
According to the petitioner’s counsel the ingredients
of Section 354 I.P.C. is not attracted in this case.
Bail Appl.No. 5824 of 2018
3
In this connection, I have gone through the
Case Diary files whereby it was revealed that the
petitioner has caught on the hand of the de facto
complainant from outside. It was also proved that the
de facto complainant had previous acquaintance with
the petitioner and some altercation occurred between
them. Accordingly the incident was occurred. Apart
from that, no other incidents were narrated by the
petitioner. The Case Diary files show that both are
having close connection prior to the incident.
Considering this fact, I find it is unjust to detain
the petitioner behind the Bar. Therefore, the
anticipatory bail is granted to the petitioner on the
following conditions :-
1. The petitioner shall surrender before
the Station House Officer, Adimaly Police
Station, Idukki District within ten days from
today between 10.00.a.m. and 11.00.a.m. and
after interrogation, he shall be released on
bail on executing a bond for Rs.50,000/-
(Rupees Fifty thousand only) with two solvent
sureties each for the like sum to the
satisfaction of the Investigating Officer. One
of the sureties shall be his father with their
identity card.
Bail Appl.No. 5824 of 2018
4
2. The petitioner shall appear before the
Investigating Officer on every Saturdays for
three months between 9.00.a.m. to 10.00.a.m.
3. The petitioner shall not enter into the
residence of the de facto complainant or shall
not cause any annoyance or disturbance to the
peaceful life of the de facto complainant.
4. The petitioner shall not commit any
offence during the bail period.
5. If the petitioner fails to comply with
any of the orders cited above, the bail,
granted to him, by this court shall stand
cancelled forthwith.
Sd/-
ANNIE JOHN, JUDGE
True copy
PA to Judge
RKM