NATARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the sole accused in Crime No. 1818/2014 of Adoor Police Station is the applicant herein who seeks anticipatory bail by invoking the jurisdiction under section 438 of the Code of Criminal Procedure as he apprehends arrest in connection with the said crime involving the offence under section 354 of the Indian Penal Code.

(2.) The allegation against the petitioner is that the defacto complainant Kunjumol, who is working as an accountant in the Ezhamkulam Branch of the Nedumon Service Co-operative Bank, was hugged and kissed by the petitioner, who is the President of the aforementioned Co-operative Society Bank. The said incident occurred on 14.08.2014 at about 11 a.m., when the lady defacto complainant was engaged in her duties.

(3.) Sri. P. Vijaya Bhanu, learned senior counsel, instructed by Sri. K. Shaj, the learned counsel appearing for the petitioner, submits that the alleged incident happened on 14.08.2014 and that the election to the aforesaid Co-operative Society Bank was held on 17.08.2014, in which the petitioner had competed in the election process and he was duly elected as the President of the Bank on 19.08.2014 and it is only thereafter that the lady defacto complainant had lodged the First Information raising allegations in the aforementioned crime. He would further urge that the petitioner is an activist of the leading opposition party and the defacto complainant is the sympathizer of the main ruling party and she had campaigned against the panel led by the petitioner and she had endeavoured to get her seniority dispute resolved earlier when the petitioner was holding the office of the President of the Co-operative Society Bank and as the same could not be acceded to due to legal impediments the defacto complainant has raised these allegations. It is due to such personal animosity that the lady has chosen to prefer this complaint, is one of the major submission of the learned senior counsel appearing for the petitioner.