Sajikuttan vs State Of Kerala

Shircy V, J

The petitioner, who is the sole accused in Crime No. 385 of 2021 of Chavara Thekkumbhagom Police Station registered for the offences punishable under Sections 354, 354(A), 323, 511 of 376 and 506(i) of the Indian Penal Code, has moved this application for his release on bail.

The  prosecution  case  in  brief  is  as  follows:

The petitioner was the driver of an Ambulance.  He was engaged with the duty of taking Covid affected patients to hospitals and First Line Treatment Centres. On 03.06.2021 at about 11 Hrs., while the defacto complainant was travelling along with her aunt who was affected with Covid-19 to a Health Centre, the petitioner, with the intention to outrage her modesty, used force towards her and caught hold of her breast and when she objected the same, he slapped her and threatened her and also attempted to commit rape and thereby committed the aforesaid offences.

The petitioner has been in custody since 16.06.2021.

According to the learned counsel for the petitioner, he is totally innocent of the allegations levelled against him and he is undergoing incarceration right from the date of his arrest. Now it is submitted by the learned counsel for the petitioner that his father expired yesterday and the body is kept in the mortuary waiting for the petitioner to perform the last rites as he is the only son.

The learned Public prosecutor on instructions submitted that now the investigation of the case is over and charge sheet has been filed before the court below on 27.08.2021.

The offences alleged against this petitioner are no doubt very grave and serious in nature. He is supposed to behave properly towards the persons travelling in his Ambulance and the responsibility entrusted to him as the driver of the Ambulance engaged for shifting of Covid affected persons are more grave than his routine duty. Still, he misbehaved to a lady who was accompanying a Covid affected patient. Be that as it may, now the  investigation of the case  has been completed by the investigating agency and charge sheet has been filed before the court concerned. Therefore, further detention of this petitioner may not be required by the investigating agency. Moreover, taking a lenient view with respect to the submission made by the learned counsel for the petitioner that the petitioner has to attend the last rites of his father who expired yesterday, I am inclined to release him on bail subject to the following conditions:

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.