Single judge disposed of a pre-arrest bail application. The Court observed that the alleged offences were bailable and directed the petitioners to surrender for regular bail if they wished to proceed further.
Pre-arrest bail granted by directing petitioners to surrender for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 7TH DAY OF JUNE 2016/17TH JYAISHTA, 1938
Bail Appl..No. 3191 of 2016 ()
CRIME NO. 718/2016 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
PETITIONER(S)/ACCUSED:
1. UMESH, AGED 32 YEARS, S/O.VISWAMBHARAN, USHA BHAVAN,
2. KISHORE,
S/O.BALAKRISHNAN ACHARI, AGED 24 YEARS, MANASAM, ALTHARAMOODU PO, DARSANAVATTOM, NAGAROOR VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S)/STATE AND COMPLAINANT:
THIRUVNANTHPAURAM DISTRICT - 695 101.
BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
P.UBAID, J.
ORDER
The petitioners herein are accused Nos. 1 and 3 in Crime No. 718 of 2016 of Attingal Police Station, registered under Sections 294, 427, 354 and 452 read with Section 34 of the Indian Penal Code.
B.A.No. 3191 of 2016
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house trespass with intention to commit an offence, as alleged in this case, comes only under Section 451 of IPC, which is bailable. So also, for a prosecution under Section 354 of IPC, there must be allegation that the complainant was molested or assaulted with some sexual intent. A mere assault on a woman will not come under Section 354 of IPC. Thus, practically I find that the offences alleged against these petitioners are bailable. The petitioners can very well surrender before the learned Magistrate having jurisdiction for regular bail.
Giving such liberty to the petitioners, this
application for bail is disposed of.
Sd/- P.UBAID
ds
//True copy//
P.A. to Judge
1 issue framed by the court
Whether the offences charged being bailable, pre-arrest bail should be granted in this case.
6 provisions across 1 enactments
UMESH
KISHORE
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
