Disposed

Jaffer v. State of Kerala

Kerala HC30 Jun 2016Bail Appl./3219/2016

Case brief

AI extract

What is this about?

Single judge order on pre-arrest bail application. Court directed petitioner to surrender for interrogation to ascertain if allegations disclose requisite sexual intent for Section 354 IPC or constitute simple assault, and to apply for regular bail before Magistrate.

What did the court decide?

No bail granted; petitioner directed to surrender for interrogation and apply for regular bail before Magistrate.

Jaffer Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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THURSDAY, THE 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938

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Bail Appl..No. 3219 of 2016

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CRIME NO. 885/2016 OF MATHILAKAM POLICE STATION , THRISSUR

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PETITIONER(S)/ACCUSED :

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JAFFER, AGED 28 YEARS, S/O. YUSUF, PUTHUMANA HOUSE, KOORIKUZHI, KAIPAMANGALAM, THRISSUR DISTRICT.

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THRISSUR DISTRICT.

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BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

P. UBAID, J.

B.A.No.3219 of 2016

Dated this the 30^th day of June, 2016

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O R D E R

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The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No. 885/2016 of the Mathilakam Police Station, registered under Sections 427, 447 and 354 IPC. He is the sole accused in the crime.

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The prosecution case is that at about 10.45 pm on 10.04.2016 at Kaipamangalam, the petitioner herein assaulted the defacto complainant, damaged his car, and also molested his wife and children, who were inside the car. It is alleged that the road at the place of incident was blocked by the petitioner herein, and when the complainant questioned this, he was assaulted by the petitioner herein. In the nature of the allegations, I feel it appropriate to direct the petitioner to surrender before the investigating officer and seek regular bail from the learned Magistrate having jurisdiction. Let the learned Magistrate examine the case records, and see whether this is in fact a case of outrage of modesty involving the required elements of sexual intent, or only a case of simple assault. It is well settled that a

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B.A.No.3219 of 2016

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mere assault on a woman or a girl child will not come under Section 354 IPC. For such a prosecution, something more by way of sexual intent is required. Let all those aspects be probed into by the learned Magistrate having jurisdiction when application for regular bail comes. Interrogation of the petitioner for the collection of materials concerning him and the nature of the incident, is felt necessary.

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In the result, this bail application is disposed of as follows:

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a) The petitioner shall surrender before the investigating officer between 9 am to 10 am on any day within seven days from this date for interrogation.

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b) After necessary interrogation the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction on the same day, before 4 pm.

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c) In case application for regular bail is filed, the same shall be judiciously considered and decided on merits by the learned Magistrate having jurisdiction on the same day, having in mind the observations made above.

Sd/P. UBAID, JUDGE

// True Copy //

P.A. to Judge

Jaffer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaffer v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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