Junaith vs State Of Kerala
2023 Latest Caselaw 9440 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                      THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

           MONDAY, THE 4TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945

                             BAIL APPL. NO. 5571 OF 2023

    AGAINST THE ORDER/JUDGMENT CC 309/2022 OF JMFC, KALAMASSERY (TEMPORARY)

                     Bail Appl. 3513/2022 OF HIGH COURT OF KERALA

PETITIONER/S:

                JUNAITH
                AGED 26 YEARS
                S/O. RASEELA, V.P. HOUSE, SHALIN TEMPLE GATE, THALASSERY, KANNUR
                DISTRICT, NOW RESIDING AT THE RENTED HOUSE AT SERABI, NEAR MUSLIM
                CHURCH, MUCHAKKL ROAD, MAHI, PIN - 673310
                BY ADV P.M.HABEEB


RESPONDENT/S:

                STATE OF KERALA
                REPRESENTED BY STATION HOUSE OFFICER, KALAMASSERY POLICE STATION
                THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
                BY ADV PUBLIC PROSECUTOR


OTHER PRESENT:

                SR PP DENNY DEVASSY



    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 04.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 B.A. No. 5571 of 2023
                                   ..2..




                              ORDER

Dated this the 04th day of September, 2023

This is a petition filed under Section 439 of the Code of

Criminal Procedure, seeking bail and the petitioner is the sole

accused in Crime No.385/2022 of Kalamassery Police Station,

Ernakulam.

2. Heard the learned counsel appearing for the petitioner as

well as the learned Public Prosecutor in detail.

3. In this case, the prosecution alleges commission of

offences punishable under Sections 354, 354(A)(1))(i), 354D of

the Indian Penal Code, and the specific allegation is that the

accused herein, followed the de facto complainant through online

from 2021 onwards and in continuation of the same, as on

21.01.2022, he entered into the car of the de facto complainant

and attempted to disrobe her with intention to outrage her

modesty.

B.A. No. 5571 of 2023 ..3..

4. The learned counsel appearing for the petitioner

highlighted his custody from 01.12.2022 and also pointed out

grant of interim bail by this court as per order dated 24.07.2023

and continuance of the interim bail as on today. It is submitted

that during the currency of the interim bail, the petitioner co-

operated with the investigation and also did not commit any

offence or create any hazards to the de facto complainant in any

manner. It is also submitted that now the trial has been completed

and the matter posted for hearing.

5. Whereas, the learned Public Prosecutor opposed grant of

bail and submitted that as per Annexure-A order, this court was

forced to cancell the bail granted to the petitioner, since he

involved in similar crimes and subjected de facto complainant to

sexual harassment repeatedly.

6. To be the crux of this matter, the allegations are very

serious. The attitude of the petitioner in continuing the B.A. No. 5571 of 2023 ..4..

harassment and the attempt to molest the de facto complainant is

a matter of serious concern. However, taking note of the fact that

he has been in custody from 01.12.2022 and he did not commit

any offence or create any hazard to the de facto complainant in

any manner during the interim bail period starting from

24.07.2023, I am inclined to enlarge the petitioner on bail on

conditions.

Therefore, this petition stands allowed. The petitioner is

enlarged on bail on conditions:

i. The petitioner shall be released on bail

on his executing bond for Rs.50,000/-

(Rupees Fifty Thousand Only) with two

solvent sureties, each for the like amount to

the satisfaction of the Jurisdictional court

concerned.

ii. The petitioner shall co-operate with the B.A. No. 5571 of 2023 ..5..

investigation and shall be available for trial.

iii. The petitioner shall not leave the State of

Kerala during the currency of bail and

he shall surrender his passport before the

Court concerned on the date of execution of

the bail bond. If the petitioner has no

passport, he shall file an affidavit to that

effect, instead of surrendering passport, on

the same day.

iv. The petitioner shall appear before the Court

on all posting dates of the case, without

fail and co-operate with trial. On failure to do

so, the same is a reason to cancel the bail

hereby granted.

v. The petitioner shall not involve in any other

offence during the currency of bail and he B.A. No. 5571 of 2023 ..6..

shall not disturb or cause hazards to the

defacto complainant in any manner. Any such

event, if reported or came to the notice of this

court, the same shall be a reason for

premature cancellation of the bail hereby

granted.

Sd/-

A. BADHARUDEEN JUDGE RMV

TRUE COPY

P.A.TO JUDGE