Nazer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 Bail Appl..No. 5811 of 2015 ------------------------------- CRIME NO. 853/2015 OF VALANCHERY POLICE STATION, MALAPPURAM DISTRICT. ...........

PETITIONER/ACCUSED:

----------------------------------- NAZER, AGED 41 YEARS, S/O. ALIMUHAMMED, IRATTAPARAMBIL HOUSE, ATHAVANAD P.O., TIRUR TALUK, MALAPPURAM DISTRICT.

BY ADVS.SRI.P.SAMSUDIN SRI.JITHIN LUKOSE RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5811 of 2015 -------------------------------------- Dated this the 28th day of September, 2015

ORDER

Petitioner is the accused in Crime No.853 of 2015 of Valancheri Police Station registered for an offence punishable under Section 354 of the Indian Penal Code. He seeks bail under Section 438 of the Code of Criminal Procedure.

2.

Allegation against the petitioner is that on 21.08.2015 at about10.30 a.m., he attempted to outrage the modesty of the defacto complainant. According to the prosecution, the petitioner, who is a neighbour of the defacto complainant, told her that his wife was unwell. When the defacto complainant came to the house of the petitioner to pay a visit to his wife, the petitioner asked her to enter through the back door of the house and then he outraged her modesty from there. 3.

Heard both sides.

Considering the nature of allegations, I am of the view that this is not a fit case to grant pre-arrest bail. Hence the application is dismissed. A. HARIPRASAD, JUDGE.

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