Shanavas vs State Of Kerala

M.R.Anitha, J

The petitioner is the 5th accused in crime No.1608/2021 of Aluva East Police Station, Ernakulam, which is registered under Sections 341, 323, 294(b) and 506, 354 r/w. 34 IPC.

It is alleged that the petitioner along with other four accused were trespassed into the beauty-spa named 'Sea-Sal-Spa' at Paravoor junction and threatened and abused the defacto complainant and other lady staff of the institution by demanding money. It is also alleged that on the last occasion on 12.08.2021 1st and 3rd accused wrongfully restrained the defacto complainant and outraged modesty of the defacto complainant and another female staff by holding their body parts and thereby the accused committed the offences aforementioned.

The main contention of the learned counsel for the petitioner is that the petitioner has been under confinement since 16.08.2021 onwards. Fourth accused has already been granted bail. It is also his contention that no overt act is specifically alleged against the petitioner.

The  report  along  with  copy  of  FIR,  FIS  has  been produced from the side of the respondent. The learned Public Prosecutor objects in considering the petition.

The Report does not show that the present petitioner is involved in any other crime. So taking into account the facts and circumstances and the period of confinement already undergone by the petitioner, I am inclined to grant bail to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall report before the investigating officer on every Monday between 9.00 a.m and 11.00 a.m for three months or until the Final Report is filed, whichever is earlier.

(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.