SHAREEF Vs. STATE OF KERALA

JUDGEMENT

(1.) This bail application has been filed under Section 438 Cr.P.C for pre-arrest bail. Petitioner is the sole accused in Crime No.556/2021 of Nooranad police station, registered for the offence punishable under Sections 323, 341, 354 and 506 IPC.

(2.) It is alleged that on 9.7.2021 at about 2.30 pm on the road situated on the western side of Kalloor Church accused, with the intention of causing hurt to the de facto complainant beat on her left cheek and stamped on her left thigh and torn the nightie by pulling it causing to exhibit her body part. It is alleged that the de facto complainant demanded the riders in a motor cycle which hit against her parents to take them to Hospital. Accused is a relative of the motor cyclist. It is also alleged that when the mother of the de facto complainant tried to rescue her, accused intimidated to cause hurt by showing an iron rod. Thereby accused committed the offence aforementioned.

(3.) According to the learned counsel for the petitioner, the incident occurred only out of a sudden altercation in between the de facto complainant and the petitioner, when a bike dashed against the parents of the de facto complainant. It is also his contention that since no injuries were caused to the parents of the de facto complainant, accused asked the riders of motor cycle to leave the scene. Then the de facto complainant and parents wanted compensation. Hence the act of the petitioner in permitting the other persons to leave the place infuriated the de facto complainant and parents which resulted in filing the complaint. According to the learned counsel for the petitioner, even if the entire case is accepted as true, the offence under Section 354 will not be attracted since there is no act on the part of the petitioner to outrage the modesty of the de facto complainant.