Kerala High Court
Xxxx vs State Of Kerala on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 13 OF 2023
AGAINST THE ORDER/JUDGMENT IN SC 442/2022 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - I, KASARAGOD / I ADDITIONAL MACT,
KASARAGODE
CRIME NO. 300 OF 2022 OF MANJESHWAR POLICE STATION, KASARAGOD
PETITIONER/ACCUSED:
XXXX
XXXX
XXXX
BY ADV S.JIJI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
M.K.PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 13 OF 2023
2
BECHU KURIAN THOMAS, J.
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B.A. No. 13 of 2023
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Dated this the 12th day of January, 2023
ORDER
This is an application for pre-arrest bail filed under Section 438
of the Code of Criminal Procedure, 1973.
2. Petitioner is the accused in Crime No. 300 of 2022 of
Manjeshwar Police Station, Kasaragod now pending as S.C. No. 442 of
2022 on the files of the Additional Sessions Court-I, Kasaragod.
3. According to the prosecution, accused had stalked the
minor victim aged 14 years and also sexually assaulted her and
thereby committed the offences alleged.
4. Sri. S.Jiji, the learned Counsel for the petitioner contended
that the entire prosecution allegations are false and that even going
by the FIR, there are no allegations of any sexual assault. It was
further submitted that, since the final report has already been filed,
petitioner ought to be granted the benefit of anticipatory bail.
5. Smt. M.K. Pushpalatha, the learned Public Prosecutor
opposed the grant of bail and contended that, the petitioner was
absconding all along and therefore, an absconding charge sheet had to
be filed. In such circumstance the petitioner ought not to be granted
BAIL APPL. NO. 13 OF 2023
the benefit of anticipatory bail and that for the purpose of effective
investigation, medical examination and other tests are required to be
conducted and therefore, custodial interrogation is essential.
6. I have considered the rival contentions.
7. Having regard to the nature of allegations, even though
the same are serious, I am of the view that, limited custody of the
petitioner would be sufficient for the purpose of effective investigation
since the petitioner was absconding all along and an absconding
charge sheet was filed. The petitioner is entitled to be released on bail
in the event of his arrest on conditions, since custodial interrogation is
not required.
8. Accordingly, this application is allowed on the following
conditions:
(a) Petitioner shall appear before the Investigating Officer on
19.01.2023 and shall subject himself to interrogation.
(b) 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.
(c) Petitioner shall appear before the Investigating Officer as
and when required and shall also co-operate with the investigation.
(d) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence or contact the victim
BAIL APPL. NO. 13 OF 2023
or her family members;
(e) Petitioner shall not commit any similar offences while he is
on bail.
(f) Petitioner shall not leave India without the permission of
the Court having jurisdiction.
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.
The bail application is allowed as above.
BECHU KURIAN THOMAS
JUDGE
LU
