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Showing contexts for: 354b in Shanavas V vs State Of Kerala on 4 December, 2020Matching Fragments
Dated this the 4th day of December 2020 ...
This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.
2. The petitioner is the accused in Crime No. 276 of 2020 of Pinarayi Police Station, Kannur District. The above case is registered against the petitioner and others alleging offences punishable under Sections 143, 147, 148, 447, 341, 323, 354B and 427 r/w Section 149 of the Indian Penal Code (IPC).
4. Heard the learned counsel for the petitioner and the learned public prosecutor.
5. The learned counsel for the petitioner submitted that, the petitioner is only a contractor for the supply of materials for the construction of an interlocked footpath. The project work is to be completed in November, 2020. When the work was started the defacto complainant obstructed. The counsel submitted that another case is registered against the defacto complainant and another as Crime No.278 of 2020. The counsel submitted that the only non bailable offence alleged against the petitioner in this case is under Section 354B IPC. The counsel submitted that, even if the entire allegations are accepted, the offence under Section 354B IPC is not attracted.
6. The learned Public Prosecutor opposed this bail application. The public prosecutor submitted that the petitioner wrongfully restrained the defacto complainant and assaulted her. The public prosecutor also made available the wound certificate of the defacto complainant.
7. After hearing both sides, I think, this bail application can be allowed on stringent conditions. The only non bailable offence alleged against the petitioner is under Section 354B IPC. Whether the offence under Section 354B IPC is made out or not is a matter to be investigated by the investigating officer. I perused the wound certificate produced by the public prosecutor. Only a small abbression is there to the defacto complainant. Considering the entire facts and circumstances of this case, I think, this bail application can be allowed on stringent conditions.