Kerala High Court
Bail Appl./9983/2021 of MUHAMMED MUNAVIR Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 9983 OF 2021 CRIME NO.1204/2021 OF Vadakara Police Station, Kozhikode PETITIONER/ACCSUED: MUHAMMED MUNAVIR AGED 20 YEARS, S/O ABDUL RAHIMAN
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943BAIL APPL. NO. 9983 OF 2021
CRIME NO.1204/2021 OF Vadakara Police Station, Kozhikode PETITIONER/ACCSUED:
MUHAMMED MUNAVIRAGED 20 YEARS, S/O ABDUL RAHIMANTHAZHE PAREMMALPATHIYARAKKARA P.O, VATAKARAKOZHIKODE, PIN - 673105BY ADV K.REEHA KHADER
RESPONDENT/STATE:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALAERNAKULAM, PIN - 682031BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
This is an application filed u/s 439 of Code of CriminalProcedure seeking regular bail.
2. The petitioner is the accused in Crime No.1204/2021of Vatakara Police Station. The offences alleged are underSections 354, 354 (A) (I) (ii) of IPC.
3. The prosecution case in short is that on 19.11.2021 at18.27 hours at Thiruvalloor Velookkara road, the petitionerwrongfully restrained the de-facto complainant and caught holdher breast with intention to outrage the modesty.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted thatthe petitioner is absolutely innocent and he has been falselyimplicated in the present case. She further submitted that thereare no materials to connect the petitioner with the alleged crimeand hence he is entitled to get bail. The learned PublicProsecutor opposed the bail application. She contended that thealleged incident occurred as a part of the intentional criminalacts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.
6. Perusal of the case diary would reveal that primafacie there are materials on record to connect the petitioner withthe crime. However, the petitioner was arrested on 10.12.2021.In view of the nature of the crime and the stage of investigation,I do not find any reason to hold that the continued detention ofthe petitioner is required for any purpose. The investigationseems to have reached a fair stage. For all these reasons, thepetitioner is entitled to be released on bail on conditions.
In the result, the application is allowed on the followingconditions:-
(i) The petitioner shall be released on bail on executing abond for Rs.1,00,000/- (Rupees One lakh only) with two solventsureties for the like sum each to the satisfaction of thejurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-operate with theinvestigation.
(iii) The petitioner shall appear before the investigatingofficer between 10.00 a.m and 11.00 a.m on every Saturdayuntil further orders. The petitioner shall also appear before theinvestigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of likenature while on bail.
(v) The petitioner shall not make any attempt to contactany of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with the evidence orinfluence any witnesses or other persons related to theinvestigation.
(vi) The petitioner shall not leave State of Kerala withoutthe permission of the trial Court.
H/O
Sd/-
rpk
DR. KAUSER EDAPPAGATH
JUDGE