High Court of Kerala allowed a bail application by accused Nos. 2 to 4 in a complaint for assault under Sections 323 and 354 IPC. The court held custody interrogation unnecessary and granted bail on conditions.
Pre-arrest bail allowed on bond with sureties for Rs. 40,000 each; accused to report weekly and stay within Paravoor police limits.
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 30TH DAY OF AUGUST 2016/8TH BHADRA, 1938
Bail Appl..No. 4662 of 2016 ()
CRIME NO. 929/2016 OF PARAVOOR POLICE STATION,KOLLAM DISTRICT
PETITIONER(S)/THE 2 TO 4 ACCUSED:
1. SANJITH @ SREEKKUTAN, AGED 20 YEARS, SANGEET BAHVAN, KOONAYIL,
NEDUMGOLAM, PARAVOOR VILLAGE, KOLLAM.
2. SUNNY, AGED 26 YEARS, S/O.SATHYA BABU, JAYABHAVAN, KONNAYIL, NEDUMGOLAM, PARAVOOR VILLAGE, KOLLAM.
3. PRADEEP, AGED 24 YEARS, S/O.BOSS, V.S.BOSS, NEDUMGOLAM, PARAVOOR VILLAGE,
BY ADV. SRI.M.R.SASITH
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2. THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, KOLLAM-690 001
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.UBAID,J.
B.A No.4662 of 2016
Dated this the 30th day of August, 2016
O R D E R
The petitioners herein are the accused Nos.2 to 4 in Crime No.929/2016 of the Paravoor Police Station, registered under Sections 323 and 354 of the Indian Penal Code. They seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest by the police. On a perusal of the materials including the complaint and the report of the investigating officer I find prima facie that this is only a case of assault on a woman.
2
B.A No.4662 of 2016
by way of sexual intent is required. In the given factual situation, I find that interrogation of the petitioners in custody is not required. Even without such interrogation, the required materials can be collected by the police.
In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing bond with two solvent sureties for 40,000/-₹ (Rupees forty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction. Bail is granted on condition that:
a) The petitioners shall report before the investigating officer between 10 am. and 11 am on all Mondays for a period of two months.
b) The petitioners shall not leave the limits of Paravoor Police Station for a period of two months.
c) The petitioners shall not in any manner influence or intimidate the material witnesses, or they shall not have any contact with the material witnesses directly or over telephone or otherwise.
Sd/- P.UBAID JUDGE
//True Copy//
ab
P.A to Judge
2 issues framed by the court
Whether pre-arrest bail should be granted to accused for alleged assault under Sections 323 and 354 IPC.
Whether mandatory custody interrogation is required for offences under Section 354 IPC.
3 provisions across 2 enactments
SANJITH @ SREEKKUTAN, SUNNY, PRADEEP
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
