CHERIYAN THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

(2.) The applicants are the accused Nos.1 to 4 in Crime No.56/2023 of Puthukkadu Police Station. The offences alleged are punishable under Ss. 341, 294(b), 506, 323, 354 read with 34 of the Indian Penal Code.

(3.) The prosecution case, in short, is that on 16/1/2023 at about 10.30 p.m. at the courtyard of the house of the defacto complainant, while a talk in respect of the disputes between the accused No.3 and the son of the defacto complainant was going on, the accused No.2 wrongfully restrained the defacto complainant and hit on her chest by uttering obscene words and the accused No.3 uttered obscene words and pushed down the defacto complainant. Both accused assaulted the son of the defacto complainant and the accused No.1 outraged the modesty of the defacto complainant by tearing off her dress and thereby committed the above said offences.