Ginesh C vs State Of Kerala
2022 Latest Caselaw 7421 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                      BAIL APPL. NO. 7166 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1110/2021 OF DISTRICT COURT &
 SESSIONS COURT,THALASSERY IN CRIME NO.327/2021 OF IRIKKUR POLICE
                            STATION, KANNUR
PETITIONER/ACCUSED:

            GINESH C.
            AGED 41 YEARS
            S/O NARAYANAN , JISHA NIVAS,
            KALLIED.P.O, IRIKKUR(VIA), TALIPARAMBA TALUK, KANNUR
            DISTRICT,PIN-670593.

            BY ADVS.
            V.A.SATHEESH
            V.T.MADHAVANUNNI
            V.S.ANAND


RESPONDENTS/COMPLAINANTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM, KOCHI-682031.

    2       ADDL.R2 V V KANCHANA
            AGED 44 YEARS
            W/O NALINAKSHAN, NARAYANEE NILAYAM, KALLIAD P.O,
            IRIKKUR (VIA), KANNUR DISTRICT-670 593 IS IMPLEADED AS
            PER ORDER DATED 02.11.2021 IN CRL.MA.2/2021.

            BY ADV N.MUHAMMAD SAJU


OTHER PRESENT:

            PP SRI.NOUSHAD K.A


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7166 OF 2021

                                       2


                  BECHU KURIAN THOMAS, J.
                ===========================
                      B.A.No. 7166 of 2021
                ============================
                    Dated this the 24th day of June, 2022


                                    ORDER

This is an application seeking pre-arrest bail filed under Section

438 of Code of Criminal Procedure, 1973.

2. Petitioner seeks pre-arrest bail in Crime No.327/2021, of

the Irikkur Police Station, Kannur District, alleging offences under

Sections 354, 354A, 341, 447 and 294(b) r/w Section 506(i) of Indian

Penal Code, 1860.

3. The prosecution case is that on 12.08.2021, while the de-

facto complainant was sitting inside the kitchen of one Narayanan

Master, in connection with the said person's cremation, the accused

entered into the kitchen and outraged the modesty of the de-facto

complainant by catching hold of her breast and thereafter, when the

husband and children of the de-facto complainant questioned the

accused, he trespassed into the property of the de-facto complainant BAIL APPL. NO. 7166 OF 2021

and attempted to manhandle them. When the de-facto complainant

intervened, the accused caught hold of her neck and tore her nighty

with intent to sexually assault her, thereby committing the offences

alleged against him.

4. Shri.V.T.Madhavanunni, the learned counsel for the

petitioner contended that the entire prosecution case is false and that

the petitioner was actually the victim as is evident from Annexure

A2 wound certificate. It was further pointed out that the petitioner

is totally innocent and the allegations are false.

5. Shri.Noushad K.A, the learned Public Prosecutor opposed

the grant of pre-arrest bail and pointed out that in the absence of

custodial interrogation, the investigation will be prejudiced and that

the petitioner has a criminal antecedence in the form of an offence

registered at the behest of his wife under Section 498A.

6. Shri.N.Muhammed Saju, the learned counsel for the de-

facto complainant, also vehemently opposed the grant of anticipatory

bail to the petitioner and submitted that the de-facto complainant

and her family members were mercilessly attacked by the petitioner. BAIL APPL. NO. 7166 OF 2021

7. On a consideration of the circumstances arising in the

case and on an appreciation of the arguments of either counsel,

though I am of the view that the allegations are serious in nature,

custodial interrogation of the petitioner is not required. In view of

the above, the petitioner is entitled to be released on bail in the

event of his arrest on conditions.

8. Accordingly, this application is allowed on the following

conditions:

i) Petitioner shall appear before the Investigating Officer on 01.07.2022 and shall subject himself to interrogation.

ii) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum, before the Investigating Officer.

iii) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

iv) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the BAIL APPL. NO. 7166 OF 2021

evidence or contact the victim or her family members.

v) Petitioner shall not commit any offence while he is on bail.

vi) Petitioner shall not leave India without the permission of the Court having jurisdiction.

9. In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application for

cancellation, if any, and pass appropriate orders in accordance with the

law, notwithstanding the bail having been granted by this Court.

This bail application is allowed.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/