SARBAS M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is the 4th accused in Crime No. 461/2020 of Badiadukka Police Station, which is now pending before the Additional Sessions Court-I, Kasaragod, as S.C No. 209/2021. The offences alleged against the petitioner and the other accused, 4 in number, are under Ss. 451 and 354, read with Sec. 34 of the Indian Penal Code.

(3.) The prosecution case is that, on 17/9/2020, at about 22 hours, the 1st accused, who is the brother of the husband of the sister of the defacto complainant, along with two others, came in a motor car bearing registration No.KL-59 V/6305 knocked the door of the defacto complainant's house, and when they opened, they trespassed into the house. The 1st accused caught hold of the hand of the defacto complainant, and the 2nd and 3rd accused caught hold of the shoulder of the defacto complainant and thereby tried to drag her from the house. It is also alleged that some of the accused persons have caught hold of the breast of the defacto complainant. The petitioner, who is the 4th accused, was allegedly sitting inside a car and was giving directions to the accused to commit the offences. The crime was registered in such circumstances. As the petitioner was abroad, he could not be arrested during the stage of investigation, and later, after completing the investigation, a final report was submitted alleging offences punishable under Ss. 451, 323, 354, 354A(1)(i) of the Indian Penal Code and Sec. 9(g) read with 10, 12 read with 11 (1) of POCSO Act, by the police showing the petitioner as absconding. Now the matter is pending before the Sessions Court, Kasaragode, as S.C No. 209/2021.