AI Structured Summary
Not yet generated for this judgment
Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the sole accused in Crime No.314/2026 of Udayamperoor Police Station, Ernakulam District. The offences alleged are punishable under Sections 74, 75(2) and 78 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 11.09.2026 at 02:00 p.m., the applicant, a bus driver known to the defacto complainant, followed her, hugged her, held her breast, kissed her forehead and thereby committed the aforementioned offences.
I have heard Sri.Athul Roy, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 11.09.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Specific overt act has been attributed to the applicant. Moreover, the applicant is a habitual offender. He is involved in eleven other crimes. The above crime was committed by the applicant while he was on bail in other cases. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.