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Prajeesh vs State Of Kerala on 12 November, 2018

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

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