Allowed

Sunil Kumar P.S, v. State of Kerala

Kerala HC23 Dec 2021Bail Appl./9794/2021

Case brief

AI extract

What is this about?

This is an application for anticipatory bail regarding offences allegedly committed under Sections 294(b), 323, 354, and 341 of the IPC. The court considered the allegations of assault and outraging modesty.

What did the court decide?

Anticipatory bail granted subject to conditions: execution of bond with two sureties, appearance when summoned, no contact with complainant, no interference with investigation or witnesses, no commiss

Sunil Kumar P.S, Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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BAIL APPL. NO. 9794 OF 2021 1

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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 GOPINATH P.

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THURSDAY, THE 23RD DAY OF DECEMBER 2021 / 2ND POUSHA, 1943

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BAIL APPL. NO. 9794 OF 2021

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AGAINST THE ORDERT IN CRMP 2686/2021 OF DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA

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CRIME NO.1218/2021 OF KONNI POLICE STATION

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PETITIONER/ACCUSED:

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SUNIL KUMAR P.S,
AGED 49 YEARS
S/O. SUKUMARAN, PARAYADIYIL HOUSE, THENGUMKAVU, MALLASSERY,
PRAMADOM, PATHANAMTHITTA DISTRICT.

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BY ADV NIREESH MATHEW

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA,

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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SMT. SEETHA. .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.12.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 9794 OF 2021 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the accused in Crime No.1218/2021 of Konni police station, Pathanamthitta district, alleging commission of offences under Sections 294(b), 323, 354 and 341 of the Indian Penal Code.

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The allegation against the petitioner is that, on 30.11.2021, at 10.20 am, the petitioner, on account of previous animosity, attacked the de facto complainant, slapped her on her cheek, on her scalp and on her back and pulled her saree and pulled her upto the gate of his residence and partially disrobed her and thereby, he committed the offences alleged against him.

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Learned counsel appearing for the petitioner submits that the de facto complainant, aged 67 years, is the wife of the paternal uncle of the petitioner. It is submitted that there are several disputes between the family of the petitioner and that of the de facto complainant. It is submitted that the only nonbailable offence alleged against the petitioner is that under Section 354 of the Indian Penal Code and that provision is not

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BAIL APPL. NO. 9794 OF 2021 3

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attracted unless there is an attempt to outrage the modesty of a woman. It is submitted that in the facts of this case, it cannot

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be said that the offence under Section 354 of the IPC is attracted, even if the entire allegations are considered to be true.

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I have learned the learned Public Prosecutor also.

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Learned Public Prosecutor submits that the

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allegations against the petitioner are serious. However, it is admitted that a crime has been registered against the de facto complainant at the instance of the petitioner’s mother, alleging commission of offences under Sections 451, 294(b) and 323 of the Indian Penal Code which led to registration of Crime No.1219/2021 of the very same police station.

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Having regard to the facts and circumstances of the case and considering the nature of of the allegations against the petitioner, I am of the opinion that anticipatory bail can be granted to the petitioner subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.1218/2021 of Konni police Station subject to the following conditions:-

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BAIL APPL. NO. 9794 OF 2021 4

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(i) Petitioner shall execute bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No.1218/2021 of Konni Police station as and when summoned to do so;

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(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1218/2021 of Konni police station;

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(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1218/2021 of Konni police station may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

Sunil Kumar P.S, v. State of Kerala

Case brief

What is this about?

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Sunil Kumar P.S, v. State of Kerala

Case brief

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