Kerala High Court
Sajeev Khan K vs State Of Kerala on 11 January, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
BAIL APPL. NO. 10309 OF 2022
Crime No.646 of 2022 of Pathanamthitta Vanitha Police
Station
PETITIONER/ACCUSED:
SAJEEV KHAN K
AGED 51 YEARS
S/O KAMARUDHEEN RAWTHER ,
EETTINILKKUNNATHIL HOUSE,
KOODAL P O , PATHANAMTHITTA.
PIN- 689693, PIN - 689693
BY ADVS.
M.T.SURESHKUMAR
P.R.JAYASANKAR
DARSAN SOMANATH
MANJUSHA K
SREELAKSHMI SABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ADDL R2 MINI RENJITH
PAZHAYIDATHIL VEDDU, KURIYANNOOR,
THOTTAPUZHASSERY, PATHANAMTHITTA DISTRICT IS IMPLEADED
AS ADDL R2 AS PER ORDER DATED 6/1/2023 IN CRL MA
1/2023.
BY ADVS.
PUBLIC PROSECUTOR
M.T.SURESHKUMAR
OTHER PRESENT:
PP - SMT.M. K. PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 10309 OF 2022
2
BECHU KURIAN THOMAS, J.
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B.A.NO. 10309 of 2022
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Dated this the 11th day of January, 2023
ORDER
This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.646 of 2022 of Pathanamthitta Vanitha Police Station, alleging offences punishable under Sections 354, 354A(1),(iv) and 354D of the Indian Penal Code, 1860.
3. According to the prosecution, the petitioner who is working as Assistant Sub-Inspector of Police at the Aranmula Police Station had grabbed the breast of the victim on 15-12-2022 while she was cleaning the kitchen of the police station and also sexually harassed her on several occasions and thereby committed the offences alleged.
4. Sri.M.T.Suresh Kumar, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that the compliant is instigated at the instance of the BAIL APPL. NO. 10309 OF 2022 3 Circle Inspector of Police, who had some axe to grind against the petitioner and that the complaint is totally false. It was further submitted that victim is not interested to pursue the compliant and therefore petitioner ought to be released on bail.
5. Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that as a police officer, the petitioner has sexually harassed the victim at the work place and therefore petitioner required to be subject to custodial interrogation.
6. The victim had appeared pursuant to notice and submitted that she was sexually harassed by the accused and that she is pursuing the complaint.
7. I have considered the rival contentions.
8. The victim was working in the Aranmula Police Station as a part time sweeper while the accused is a Assistant Sub Inspector of Police attached to the same said police station. According to the prosecution case on 15-12-2022, the accused had caught hold of her breast and also attempted to hug her. The victim had specifically stated that the accused had been sexually harassing her on several occasions and it was only after she could not bear the harassment, any further that the complaint was filed. BAIL APPL. NO. 10309 OF 2022 4
9. Having regard to the nature of the allegations and also taking into reckoning the position of the authority held by the petitioner, I am of the view that this is not a fit case where custodial interrogation can be avoided.
10. However, if the petitioner surrenders before the Investigating Officer within 10 days from today, he shall be subjected to interrogation and thereafter, in the event of his arrest, he shall be produced before the jurisdictional Magistrate, who shall consider the bail application if any, filed by the petitioner, without further delay.
Accordingly, this bail application is dismissed with the above observations.
BECHU KURIAN THOMAS JUDGE AJM 12/1/2023