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Judgment
Application for regular bail.
The petitioner is the accused in Crime No.2891 of 2020 of Pathanamthitta Police Station registered for the offences punishable under Sections 341,
294(b), 323, 354 and 506(i) of IPC.
The prosecution allegation is that on 18.8.2020 at about 4.40 p.m while the defacto complainant was waiting for bus in a bus stop the petitioner
came there and showered obscene words towards her and wrongfully restrained her and attempted to disrobe her and commit rape. When she tried to
escape from his clutches he chased her, kicked on her abdomen and also caused injuries and attempted to outrage her modesty. Thereby he has
committed the aforesaid offences.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner would submit that he is totally innocent of the allegations levelled against him and hence, he is entitled to be
released on bail.
But the learned Public Prosecutor has vehemently opposed the application contending that this petitioner is a habitual offender. In total eight crimes
are registered against this petitioner before the very same police station and in one case he had even been convicted by the court. So also it is
submitted that he is a nuisance to that locality and if he is released on bail, that will create more problem in the locality and innocent persons will have
to suffer due to the illegal activities of this petitioner. Hence, he is not entitled to be released on bail just considering the period of detention undergone
by him in judicial custody.
A perusal of the records made available before me itself would show that he is a habitual offender. The fact that the alleged offence was
committed by him in the broad day light that too in the public road itself, would indicate the gravity of the offence alleged against him.
Moreover the criminal antecedents would show that he has been involved in offences under the provisions of NDPS Act, Arms Act and also
undergone detention under the provisions of Kerala Anti-social Activities Prevention Act (KAAPA).
Considering the criminal antecedents of this petitioner and the gravity of the offence alleged against him, I am not inclined to release him on bail.
Dismissed.