BIPIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is the accused in Crime No.842/2023 of Konni Police Station, Pathanamthitta District, is before this Court seeking regular bail.

(2.) The allegation against the appellant is that the defacto complainant and the appellant are persons known to each other. In January 2023, the defacto complainant preferred a complaint against the appellant before Konni Police Station and Konni Police registered a crime against the appellant. During investigation, the appellant obtained pre-arrest bail. After obtaining pre-arrest bail, the appellant reached the house of the defacto complainant on 31/7/2023 at about 8:30 p.m. and abused the defacto complainant with obscene words and by calling her by her caste name. It is alleged that the appellant caught hold of the neck of the defacto complainant and attempted to strangulate her and threatened her to do away with. In such circumstances, a complaint was given for offences punishable under Ss. 294(b), 447, 323, 506(i), 354 and 195(A) of the Indian Penal Code and Ss. 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The appellant moved the Session Court, Pathanamthitta, under Sec. 439 of Cr.P.C praying for regular bail. The Session Court noted that considering the nature of the offences alleged to have been committed by the appellant immediately after obtaining bail in a previous case, no leniency need be shown to the appellant. The appellant has committed specific violation of condition No.(v) of bail order dtd. 27/6/2023 in C.M.P No.4026 of 2023 in Crime No.8 of 2023 of Konni Police Station. There are reasons to believe that the appellant has trespassed into the house of the defacto complainant and strangulated her. If bail is granted to the appellant at this stage, that will pass a wrong message to the public. On these premises, the bail application was dismissed.