PRADEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) APPREHENDING arrest in Crime No.595/14 of Kollenkode Police Station, the petitioner who is the 2nd accused therein preferred this application under section 438 of Cr.P.C. for anticipatory bail.

(2.) THE prosecution allegation is that on 1.6.2014 at about 3 p.m., the accused and six identifiable persons formed themselves into an unlawful assembly at a place near Pallavoor Five Star Metals and the 1st accused assaulted the de facto complainant and when the parents of the de facto complainant attempted to prevent the said assault, the 2nd accused -the petitioner herein assaulted them by using the helmet worn by him and had also twisted the hand of the mother of the de facto complainant. Thus according to the prosecution, the accused had committed 2 the offences punishable under sections 324, 354 r/w 149 of IPC.

(3.) THE learned counsel for the petitioner vehemently submitted that the only allegation against the petitioner is that he had twisted the hand of the mother of the de facto complainant and the same is not sufficient to attract section 354 of IPC, since even according to the prosecution, there was no intention to outrage the modesty of the mother of the de facto complainant, who fell down. On the other hand, the learned Public prosecutor submitted that the custody of the petitioner requires for the purpose of investigation since the petitioner, who is the 2nd accused, is the person, who used the helmet and attacked the mother of the de facto complainant.