Bail Appl./9452/2019 of AMAL Vs STATE OF KERALA on 31 December 2019

COMMON ORDER

[ Bail Appl.No.9179/2019 & Bail Appl.No.9452/2019 ]

Dated this the 31st day of December 2019

The petitioner in B.A.No. 9179/2019 is the first accused and the petitioner in B.A. No. 9452/2019 is thesecond accused in Crime No. 1163/2019 of VallikunnamPolice Station for having allegedly committed offencespunishable under Sections 323, 341, 427, 354, 506,294(b) read with Section 34 of the Indian Penal Code.

2. The allegation of the prosecution is that on03.12.2019, at about 6.30 P.M., the petitioners hadapproached the defacto complainant, who is a lady andintimidated her with abusive words and her uncle hadcome, he too abused and thereafter the girl and unclewere both assaulted. Petitioners had allegedly pulledher dress thereby outraged her modesty.

3. Records perused and the statement of defactocomplainant also perused.

4. It is pointed out that petitioners do not have any criminal antecedents. There is an indication thatthe first accused had an intimate relationship with thedefacto complainant and actually approached her andher uncle, to seek her hand in marriage. The scenehowever turned violent and resulted in the offenceallegedly committed by petitioners.

5.

There is nothing to be recovered and

custodial interrogation of petitioners is not seem to beessential. No serious injuries have been inflicted. It istrue that petitioners were allegedly carrying a swordstick, but no injuries were inflicted with that swordstick, which was used only to intimidate the defactocomplainant.

6. allowed on the following conditions:-

Under such circumstances, petitions are

1) In the event of petitioners beingarrested, they shall be released on bail,on execution of bond for Rs.50,000/-(Rupees Fifty Thousand only) each withtwo solvent sureties each for the likeamount to the satisfaction of thearrested, they shall be released on bail,on execution of bond for Rs.50,000/-(Rupees Fifty Thousand only) each withtwo solvent sureties each for the likeamount to the satisfaction of the investigating officer.

2) Petitioners shall appear before theInvestigating Officer on every alternativemondays between 09.00 A.M. and 12.00P.M., for a period of three months or tillthe filing of final report, whichever isearlier.

Petitioners shall not get involved in similaroffences.

In case of breach of any of the conditions,the prosecution is at liberty to move forcancellation of bail before the jurisdictionalMagistrate.

SD/-

ASHOK MENON

JUDGE