IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
Bail Appl..No. 7201 of 2018
CRIME NO. 990/2018 OF MUSEUM POLICE STATION , THIRUVANANTHAPURAM
AGED 25 YEARS,
S/O.R.C.LAL, RAMAKULATH HOUSE, MADAYIKONAM.P.O.,
MAPRANAM, THRISSUR-680 712.
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682 031.
SMT. REKHA C NAIR, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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The petitioner is the accused in Crime No. 990 of 2018 of
Museum Police Station, Thiruvananthapuram for an offence punishable
under Section 354 IPC.
2. The allegation is that on 11.07.2018, the petitioner behaved
indecently to the de facto complainant at MLA hostel,
Thiruvananthapuram. The de facto complainant went to
Thiruvananthapuram with the petitioner, resided at MLA hostel for two
days and when they were about to return, the petitioner caught hold of
her with an intention to outrage her modesty.
3. Initially the crime was registered as Crime No. 385 of 2018
before the Katoor Police Station, Thrissur and the same is transferred
to Museum Police Station, Thiruvananthapuram and numbered as
Crime No. 990 of 2018.
4. As per the complaint, the petitioner and the de facto
complainant were residing separately in the MLA Hostel and the
complaint was lodged on 04.09.2018 i.e., merely 55 days after the
date of alleged incident. It is understood that the petitioner as well as
the de facto complainant are active workers of DYFI. He has caught
hold of her hand and there is no other attack on the side of the
B.A. No. 7201/2018 -3-
petitioner. Further there is delay in lodging the FIR which give rise to
some doubt regarding the alleged incident. Moreover, the victim had
no consistent case that she had given different version while filing the
complaint as well as the statement.
4. Considering the arguments advanced by both sides, I find
that detention behind the bar is not necessary. Therefore, I am
inclined to grant anticipatory bail by invoking Section 438 of the Cr.P.C
on the following conditions:
1. The petitioner herein shall surrender before the SHO,
Museum Police Station, Thiruvananthapuram on or before
26.11.2018 between 10 a.m and 11 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.
2. The petitioner shall appear before the Investigating Officer
at 9 a.m. on every alternate Saturdays for three months
commencing from 01.12.2018 or till the charge sheet is filed,
whichever is earlier.
3. The petitioner shall not influence the witnesses or tamper
any evidence in this case.
B.A. No. 7201/2018 -4-
4. If the petitioner violates any of the above conditions, the bail
granted to him shall stand cancelled, forthwith.
This application is allowed as above.