Allowed

Rajendran v. State of Kerala

Kerala HC28 Sept 2016Bail Appl./6652/2016

Case brief

AI extract

What is this about?

The High Court allowed a pre-arrest bail application for two accused charged under sections 451, 323, 506, and 354 IPC. The court noted the complaint alleged only assault, not the sexual intent required for Section 354 IPC, and granted bail with restrictions on movement and contact with witnesses.

What did the court decide?

Bail granted on bond with two sureties of Rs. 30,000/- each; accused restricted to Neyyardam limits and prohibited from contacting witnesses.

Rajendran 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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WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938

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Bail Appl..No. 6652 of 2016 ()

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CRIME NO. 939/2016 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM.

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PETITIONERS/1ST & 2ND ACCUSED:

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1. RAJENDRAN, AGED 52 YEARS, S/O. KESAVA PANICKER, RATHIN BHAVAN, KANJIRAM MOODU, KUTTAMALA, P.O. THIRUVANANTHAPURAM.

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2. RATHIN, AGED 26 YEARS, S/O. RAJENDRAN, RATHIN BHAVAN, KANJIRAM MOODU, KUTTAMALA, P.O. THIRUVANANTHAPURAM.

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BY ADV. SRI.M.R.SARIN.

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. THE SUB INSPECTOR OF POLICE, NEYYARDAM, THIRUVANANTHAPURAM-695 001.

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BY PUBLIC PROSECUTOR SRI.SAJJU. S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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P.UBAID, J.

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--------------------------------------B.A No.6652 of 2016

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Dated this the 28^th day of September, 2016

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O R D E R

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The petitioners herein are the two accused in Crime No.939/2016 of the Neyyardam Police Station, registered under Sections 451, 323, 506 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.

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The prosecution case is that at about 8.30 am

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on 16.8.2016 the petitioners trespassed into the house of the defacto complainant, assaulted her and intimidated her in connection with some other dispute between the parties.

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On a perusal of the complaint I find that what is practically and prominently alleged is an instance of assault. It is well settled that a mere assault on a woman will not by itself come under Section 354 IPC. For such a prosecution something more by way of sexual intent is required. There is no such case of molestation or outrage of modesty with such an intent here. In the above circumstances, I feel it appropriate to

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B.A No.6652 of 2016 2

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grant bail to the petitioners. What is revealed by the complaint is only an instance of assault.

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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 30,000/-₹ (Rupees thirty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction. Bail is granted on condition that

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a) The petitioners shall report before the investigating officer between 10 am. and 11 am on all Tuesdays for a period of six weeks.

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b) The petitioners shall not leave the limits

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of Neyyardam Police Station for a period of six weeks.

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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//

P.A to Judge

Rajendran v. State of Kerala

Case brief

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Rajendran v. State of Kerala

Case brief

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