Prasad vs State Of Kerala
2021 Latest Caselaw 15019 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
      FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                      BAIL APPL. NO. 4364 OF 2021


PETITIONER/ACCUSED:

            PRASAD
            AGED 52 YEARS
            S/O. NARAYANAN, KALLIDUMPIL HOUSE, PARACITY,
            PANIKKANKUDY P. O., KONNATHADY VILLAGE,
            IDUKKI DISTRICT, PIN - 685604.

            BY ADV DOMSON J.VATTAKUZHY


RESPONDENT/COMPLAINANT AND STATE:

            STATE OF KERALA
            REPRESNTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682 031.

            AJITH MURALI- P.P




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4364 OF 2021

                                   2

                               ORDER

Application for pre-arrest bail.

The petitioner is the sole accused in Crime No.587/2020 of

Vellathooval Police Station, Idukki District registered for the

offences punishable under Section 509 of the Indian Penal Code and

Section 12 read with Section 11(i) of the Protection of Children

from Sexual Offences Act.

2. The prosecution allegation is that the petitioner, who is a

neighbour of the victim child on 16.06.2020 exhibited his buttocks

with the intention to harass her sexually and thereby committed the

aforesaid offences.

3. Heard the learned counsel for the petitioner as well the

learned Public Prosecutor.

4. According to the learned counsel for the petitioner he

has been falsely implicated in the case by the father of the defacto

complainant, who is entertaining enmity towards him. In fact, they

are neighbours and there are civil disputes and criminal cases

pending between the parties for the last more than two or three

years. In the year 2017 the father of the defacto complainant and

his brother have trespassed into the residential house of the

petitioner and attacked his wife and also outraged her modesty. BAIL APPL. NO. 4364 OF 2021

Thereafter, the police has registered a case against him as well as

his brother and it is pending before the Judicial First Class

Magistrate Court, Adimaly. Annexure 3 is the copy of the judgment

in the civil case between the parties which has been disposed by

the learned Sub Judge, Kattappana. Because of all these disputes,

the father of the defacto complainant is entertaining enmity

towards him and that is the only reason for falsely implicating him

in this case. In fact, he is totally innocent but he apprehends arrest

and hence this application.

5. The learned Public Prosecutor also on instructions

submitted that both civil and criminal litigations are pending

between the parties and this case is under investigation.

On hearing both sides and on perusal of the records produced

by the learned counsel for the petitioner, though there is no room to

suspect the genesis of the prosecution case, I could not find out

any materials at this stage to infer that the investigating agency

could proceed with the investigation of the case only after obtaining

this petitioner in custody. Therefore, I think that there is some

force in the argument advanced by the learned counsel for the

petitioner. Such being the case this application for pre-arrest bail is

allowed subject to the following conditions:-

(i) The petitioner shall be released on bail on executing BAIL APPL. NO. 4364 OF 2021

a bond for a sum of Rs.50,000/- (Rupees fifty thousand

only) with two solvent sureties for the like sum each to

the satisfaction of the investigating officer in the event

of his arrest.

(ii) He shall appear before the Investigating Officer for

interrogation as and when required by him, in writing.

(iii) He shall co-operate with the investigation and trial

of the case.

(iv) He shall not directly or indirectly, make any

inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade

him from disclosing such facts to the court or to any

police officer or tamper with the evidence.

(v) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned

Magistrate is empowered to cancel the bail in accordance with the

law.

Sd/-

SHIRCY V.

JUDGE mpm