N.V. CHERIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in Crime No.339/2014 of Balussery Police Station, Kozhikode District. Crime is seen registered under section 354A of IPC, which is only bailable offence.

(2.) THE learned counsel for the petitioner submits that the Investigating Officer is likely to alter the section to 354 of IPC. On going through the allegations in the complaint, it can be said that the offence may fall under section 354 of IPC. Hence, there is apprehension for the petitioner that if a report is filed introducing section 354 of IPC, sometimes his bail may be rejected by the learned Magistrate.

(3.) CONSIDERING all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within seven days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner, even if the offence is under section 354 of IPC, on the following conditions: