Disposed

A.K.Babeesh v. the Station House Officer, Kozhikode

Kerala HC23 Jun 2016Bail Appl./4509/2016

Case brief

AI extract

What is this about?

The High Court disposed of a bail application under the CrPC. Instead of granting bail, the court directed the accused to surrender for interrogation to factually understand his alleged intimacy with the victim before the magisterial inquiry into the charge of sex-related offences.

What did the court decide?

Petitioner directed to surrender for interrogation; bail application disposed of without merits adjudication.

A.K.Babeesh Vs the Station House Officer, Kozhikode — 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 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938

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Bail Appl..No. 4509 of 2016 ()

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CRIME NO. 366/2016 OF PAYYOLI POLICE STATION, KOZHIKODE DISTRICT (VATAKARA RURAL)

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PETITIONER/ACCUSED:

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A.K.BABEESH S/O. BALAKRISHNAN, AGED 33 YEARS, ATHANIKUNIYIL HOUSE, PALAYAD NADA P.O.-673503, IRINGAL-VIA., VATAKARA, KOZHIKODE DT.

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BY ADV. SRI.U.P.BALAKRISHNAN

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RESPONDENTS/COMPLAINANT & STATE :

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1. THE STATION HOUSE OFFICER PAYYOLI POLICE STATION-673522, KOZHIKODE DT.

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2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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R1 & R2 BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J. --------------------------------------B.A No.4509 of 2016

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---------------------------------------

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Dated this the 23^rd day of June, 2016

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O R D E R

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The petitioner herein is the sole accused in Crime No.366/2016 of the Payyoli Police Station, registered under Sections 452, 323 and 354 of the Indian Penal Code.

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The prosecution case is that at about 5.30 pm on 1.5.2016 the petitioner herein trespassed into the complainant's house and molested her with sexual intent. In the nature of the allegations made in the complaint and the materials required for a prosecution, I feel it appropriate to direct the petitioner to surrender before the investigating officer for necessary interrogation. Of course as regards the allegation under Section 452 IPC it is observed that what is at the most attracted is only Section 451 IPC because for a prosecution under Section 452 IPC, the accused must have committed house trespass with preparation to cause hurt. What is prominently alleged herein is not hurt or infliction of injury but outrage of modesty. The main offence is under Section 354 IPC, the elements of which are there in the complaint. Let the factual aspects be gone into by the learned

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B.A No.4509 of 2016

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Magistrate when application for regular bail comes. Interrogation of the petitioner is felt necessary for the collection of certain materials concerning him, his alleged intimacy with the victim, the nature of such intimacy etc.

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In the result, this application for bail is disposed of as

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follows:

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a) The petitioner will surrender before the investigating officer, if he so opts, between 9 am and 10 am on any day within seven days from this date for the purpose of interrogation as part of investigation.

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b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction or the learned Special Judge as the case may be by 4 pm. on the date of arrest itself.

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c) In case application for regular bail is

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filed by the petitioner, the same shall be judiciously considered by the court on merits, on the same day.

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P.UBAID JUDGE

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A.K.Babeesh v. the Station House Officer, Kozhikode

Case brief

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A.K.Babeesh v. the Station House Officer, Kozhikode

Case brief

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