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Judgment
Shircy V, J
Application for pre-arrest bail.
The petitioner is the sole accused in Crime No.744/2021 of Karunagapally Police Station, Kollam District registered for the offences punishable under
Sections 294(b), 353, 354, 506 of the Indian Penal Code r/w 4(2)(e), 4(2)(j) of the Kerala Epidemic Disease Ordinance 2020 and 3(b) of Kerala
Epidemic Disease Corona Virus Disease (Covid-19) Additional Regulations Act 2020.
The prosecution allegation is that on 28.05.2021 at 12 noon, the defacto complainant, who is in charge of Covid control duty as appointed by the
District Collector, Kollam along with the police officers while engaged with routine patrolling, found the petitioner and 4 others sitting in the sea shore
near Kurukasseri Temple premises. When the defacto complainant found that they were not following the protocol, she approached them.
Immediately, the petitioner fled away from the spot as he was having a child with him. Thereafter he returned and abused her and her team and
showered them with obscene words and attempted to deter them from discharging their official duties. He also used criminal force to outrage the
modesty of the defacto complainant, a lady and there by committed the aforesaid offences.
According to the learned counsel for the petitioner, he is a fisherman residing in the sea shore and on that particular day he was sitting along with
her grand daughter, aged only 2 years and one or two relatives. The defacto complainant and the police team accompanied her had questioned him
and asked them to leave the place and he left the place along with his relatives and the minor child. But later he came to know that this false case has
been registered against him for no valid reason. He has not committed any offence as alleged by the prosecution. But as he is residing very close to
the sea shore he remained there for some time along with the minor child. Though he is innocent he apprehends arrest and hence this petition.
The learned Public Prosecutor on instructions submitted that the investigation of the case is well in progress.
Having regard to the facts and circumstances involved in this case and also considering the pandemic situation of our country, I think that his
request for pre-arrest bail on apprehension of arrest can be granted as prayed for subject to the following conditions:
 (i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each
to the satisfaction of the investigating officer in the event of his arrest.
(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) He shall co-operate with the investigation and trial of the case.
(iv) He 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.
(v) He 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.