Alagesan vs State Of Kerala
2024 Latest Caselaw 16029 Ker

Citation : 2024 Latest Caselaw 16029 Ker
Judgement Date : 7 June, 2024

Kerala High Court

Alagesan vs State Of Kerala on 7 June, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
    FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                    BAIL APPL. NO. 4167 OF 2024
    CRIME NO.411/2024 OF Valappad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 13.05.2024 IN CRMP NO.2474 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR
PETITIONER/ACCUSED:

          ALAGESAN
          AGED 24 YEARS
          SON OF BHEEMAN, 7/BT, KOTHAMKULAM, TIRUBHUVANAM,
          TAMIL NADU, PIN - 630610.
          BY ADVS.
          JITHIN BABU A
          ARUN SAMUEL
          CLETUS THOTTAPILLY


RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
          PUBLIC PROSECUTOR SRI M P PRASANTH



     THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
27.05.2024,     THE   COURT    ON   07.06.2024    DELIVERED   THE
FOLLOWING:
 B.A.No.4167/2024                  2




             A. BADHARUDEEN, J.
     ================================
                B.A.No.4167 of 2024
   ================================
         Dated this the 7th day of June, 2024


                            ORDER

This is an application for regular bail filed by the sole

accused in Crime No.411 of 2024 of Valapad Police Station,

Thrissur.

2. Heard the learned counsel for the petitioner and

the learned Public Prosecutor in detail. Perused the records.

3. The prosecution case is that in between 11.30 hours

and 12.00 hours on 04.05.2024 while the defacto

complainant was travelling through the beach at Pallam,

Nattika, the accused herein came from behind and caught on

her breast. The defacto complainant resisted the same and

escaped. This is the base on which prosecution alleges

commission of offence punishable under Section 354 and

354A(l)(i) of the Indian Penal Code. The learned counsel

for the petitioner would submit that the petitioner is

innocent and no serious allegations raised against the

petitioner. He also pointed out that the petitioner has been

custody from 04.05.2024, where the investigation has been

progressed much. Therefore, the petitioner, who is a first

time offender, deserves regular bail.

4. It is submitted by the learned Public Prosecutor

that the defacto complainant herein is non other than a

German lady, who visited Kerala as part of tourism and the

accused herein molested her and records of the prosecution

would substantiate the same, prima facie. He also pointed

out that if tourists from foreign countries would be put

under threat of sexual assault, the same is a serious matter

and the same would affect the income of the State and

therefore, the accused doesn't deserve bail.

5. On perusal of the records, the allegations of the

prosecution are well made out, prima facie. The defacto

complainant is none other than a German lady reached

India as a tourist and she was subjected to molestation by

the accused. The overt acts at the instance of the petitioner

are very serious, in the backdrop of this case, since sexual

assault against foreign tourist would be fatal to the Tourism

income of the State. Having considered the fact that he has

been in custody from 04.05.2024 and the custody of the

petitioner is not necessary further, I am inclined to release

the petitioner on bail on conditions.

6. Accordingly, the petition stands allowed and the

petitioner can be released on bail on the following

conditions:

i. Accused/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. Accused/petitioner shall not intimidate

the witnesses or tamper with evidence. He shall co-

operate with the investigation and shall be available

for trial. He shall visit the Investigating Officer on

every Monday in between 9 a.m and 12 noon for a

period of two months and also appear before the

Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India

without prior permission of the jurisdictional court.

iv. Accused/petitioner shall not involve in

any other offence during the currency of bail and

any such event, if reported or came to the notice of

this Court, the same alone shall be a reason to

cancel the bail hereby granted.