Kerala High Court
Lenin vs State Of Kerala on 27 October, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938
Bail Appl..No. 7488 of 2016 ()
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CRIME NO.1250/2016 OF CHIRAYINKIL POLICE STATION,
THIRUVANANTHAPURAM.
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PETITIONER/1ST ACCUSED:
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LENIN, AGED 28 YEARS,
S/O.RAJENDRAN,
PUTHUVAL VILA VEEDU PERUNGUZHY,
AZHOOR VILLAGE, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
CHIRAYINKEEZHU POLICE STATION,
THIRUVANANTHAPURAM.
BY PUBLIC PROSECUTOR SRI.SAJJU.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27-10-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
P.UBAID, J.
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B.A No.7488 of 2016
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Dated this the 27th October, 2016
O R D E R
The petitioner herein is 1st accused in Crime No.1250 of 2016 of the Chirayinkil Police Station registered under Sections 143, 147, 148, 149,324, 427 and 354 of the Indian Penal Code. He seeks pre-arrest bail under Section 438 Cr.P.C.
2. On a perusal of the materials, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. Interrogation of the petitioner for the collection of some materials concerning the role and complicity of each of the accused, the actual motive for the alleged incident, the nature and number of the weapons used, etc., is felt necessary. After such interrogation, the request for regular bail can be considered by the court below having jurisdiction. The court below will have to examine the case records and see whether this is in fact a case of outrage of modesty of a woman, or only a case of simple assault under Section 324 I.P.C. It is well settled that a mere assault on a B.A No.7488 of 2016 2 woman will not by itself come under Section 354 I.P.C. For such a prosecution, something more by way of sexual intent is required. As regards the allegation under Section 326 I.P.C, it is seen that the case diary does not contain any definite material. It is submitted that Section 326 I.P.C was later incorporated by the Police. If so, the prosecution will have to produce the required materials before the court below showing the alleged grievous hurt. The court below will have to examine the whole case records and see whether this is in fact a case under Section 326 I.P.C, and also whether the complaint contain any allegation to constitute the offence under Section 354 I.P.C.
3. On a consideration of all the relevant aspects, factual and legal, appropriate decision can be taken on the request for bail by the court below.
In the result, this application is disposed of as follows:
a. The petitioner shall surrender before the Investigating officer between 9 a.m and 10 a.m on any day within ten days from this date for interrogation.
b. After such interrogation, the Investigating Officer will produce the petitioner B.A No.7488 of 2016 3 before the learned Magistrate having jurisdiction on the same day before 4 p.m. c. In case application for regular bail is filed by the petitioner the same shall be judiciously considered and decided by the learned Magistrate on the same day.
P.UBAID JUDGE ma