Bail application disposed of by drawing attention to the element of sexual intent required for Section 354 IPC. Observing the charged offences as generally bailable, held that the petitioner should approach the Magistrate for regular bail.
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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. 4038 of 2016
CRIME NO. 457/2016 OF PALLICKAL POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/2ND ACCUSED:
NISSAR, AGED 59 YEARS, S/O.ABDUL AZEEZ, NIKHIL HOUSE, PALLICKAL, PALLICKAL VILLAGE, PALLICKAL - KILIMANOOR P.O, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.REMA. R.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P.UBAID, J.
ORDER
The petitioner herein is one of the accused in Crime No. 457 of 2016 of Pallickal Police Station, registered under Sections 294(b), 323, 325, 506(ii) and 354 read with Section 34 of the Indian Penal Code.
B.A.No. 4038 of 2016
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apprehension of remand to judicial custody in view of the allegation under Section 354 of IPC. The complaint in this case was made by the employee of Ramachandran Pillai. Her grievance is that she was assaulted in the incident by the accused persons. Ramachandran Pillai was assaulted and intimidated by the petitioner's son. It is well settled that a mere assault on a woman will not by itself come under Section 354 of IPC. To make it molestation, or outrage of modesty, something more by way of some sexual intent is required. The other offences are bailable under the law. In find that the petitioner can very well approach the learned Magistrate having jurisdiction and seek regular bail.
Giving such liberty to the petitioner, this application for bail is disposed of.
Sd/- P.UBAID
ds
//True copy//
P.A. to Judge
2 issues framed by the court
Whether the petitioner is entitled to bail on the allegation of outraging modesty under Section 354 IPC.
Whether Section 354 IPC can be invoked for a mere assault without sexual intent.
1 provisions across 1 enactments
NISSAR
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
