Manoj v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 Bail Appl..No.9019 of 2014 ------------------------------------- CRIME NO.2756/2014 OF MATHILAKOM POLICE STATION,TRISSUR DISTRICT. PETITIONER/ACCUSED:

----------------------------------- MANOJ,S/O.RAMAKRISHNAN,AGED 40 YEARS, ILLAMKUTTU HOUSE THADIVALAVU,PERINJANAM.

BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/COMPLAINANT:

--------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I. OF POLICE, MATHILAKAM-638009.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.9019 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

The petitioner is the accused in crime No.2756/2014 of Mathilakam Police Station, which has been registered for the offences under Sections 448 & 354 of IPC. 2.

The allegation is that the petitioner, who is the uncle of the de facto complainant's husband trespassed into her house and outraged her modesty.

3.

The learned counsel submits that the allegations are false.

4.

Heard.

5.

The allegation is that the petitioner assaulted the victim with hand and pushed her down. It is doubtful whether Section 354 IPC is attracted. So the petitioner is entitled to anticipatory bail.

In the result, this application is allowed.

1) The petitioner shall be released on bail after

B.A. No.9019 of 2014 -2interrogation on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) if he is arrested by the police in connection with this case.

2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing. 3) He shall co-operate with the investigation.

This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/