SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

R.L Jeevanlal vs State Of Kerala on 8 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/ACCUSED:

R.L JEEVANLAL,
AGED 25 YEARS,
S/O.R.C.LAL, RAMAKULATH HOUSE, MADAYIKONAM.P.O.,
MAPRANAM, THRISSUR-680 712.

BY ADVS.
SRI.I.V.PRAMOD
SRI.K.V.SASIDHARAN

RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682 031.

OTHER PRESENT:
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:
B.A. No. 7201/2018 -2-

ORDER

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.

Sd/-

ANNIE JOHN,
JUDGE.

Rv

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation