Suresh Krishna Panicker vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicants are the accused Nos. 1 to 3 in Crime No.119/2023 of Aranmula Police Station. The offences alleged are punishable under Sections 354, 354 A(1)(i), 354 D(1)(i),

The prosecution case, in short, is that the applicants mentally and physically harassed the victim since she was studying in 5th standard. It is further alleged that on a day in December, 2022, the 1st petitioner touched her buttocks and thereby committed the offence.

I have heard Sri. Sunil Jacob Jose, the learned counsel for the applicants and Sri. M.P. Prasanth, the learned

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

The reading of the F.I. Statement would show that the victim was living with the applicants. The 2nd applicant is the father of the victim. The 1st applicant is the brother of the 2nd applicant. The 3rd applicant is the mother of the 2nd applicant. The father and mother of the victim is not in good terms and they are residing separately. The allegation is that, right from the time when the victim was studying in 5th standard, the applicants have been harassing her physically and mentally. There is no explanation for the undue delay. That apart, there is no specific allegation to attract the offence under Section 354 of Indian Penal Code which is the only non bailable offence alleged. Now the victim left the house of the applicants and is residing with her mother. In the F.I. Statement, the victim has expressed her decision to continue to  stay  with  her  mother. The  learned  counsel  for  the applicants submitted that the applicants will not contact the victim thereafter against her consent.  The applicants have no criminal  antecedents. Considering  the  allegations  levelled against the applicants, their custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicants.

In the result, the application is allowed on the following conditions:-

(i) The applicants shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicants 1 and 2 shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

(viii) The applicants shall not in any way, either personally or over phone contact the victim without her consent.

(ix) The applicants shall not obstruct the stay of the victim with her mother.