Shibu , S/O.Babu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 Bail Appl..No. 385 of 2015 ------------------------------------- CRIME NO. 1578/2014 OF ARYANAD POLICE STATION , THIRUVANANDAPURAM -------------- PETITIONER(S)/ACCUSED:
-------------------------------------- SHIBU, AGED 24 YEARS S/O.BABU, ANNOORKONAM, THADATHARIKATHU VEEDU PUTHUKULANGARA.P.O., UZHAMALAKKAL VILLAGE NEDUMANGADU.
BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S)/STATE & COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE ARYANADU POLICE STATION THIRUVANANTHAPURAM DISTRICT-695004.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
B.KEMAL PASHA, J.
================ ======================= Dated this the 23rd day of February, 2015
O R D E R
Petition under Section 438 Cr.P.C.
2.
Petitioner is the accused in Crime No.1578/2014 of the Aryanadu Police Station, Thiruvananthapuram District, registered for the offence punishable under Section 354 IPC. 3.
The allegation against the petitioner is that on 19.12.2014 at 7.30 p.m., while the de facto complainant woman was walking through the road to her house after closing her shop, the petitioner came by a motor bike and caught on the breast of the de facto complainant, thereby outraging her modesty. 4.
Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The contents of the C.D. prima facie reveal the complicity
of the petitioner. It seems that there is prima facie allegation that the said act is deliberately done by the petitioner and she was caught on her breast. Considering the seriousness of the allegation against the petitioner, and the present stage of investigation, I am satisfied that the petitioner is not entitled to the discretionary relief of anticipatory bail. At the same time, in the absence of any criminal antecedents on his part, I am of the view that an opportunity can be granted to the petitioner to surrender before the investigating officer and to co-operate with the investigation. In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such
case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also. Sd/- B.KEMAL PASHA, JUDGE stu //True copy// P.A to Judge