REJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.1780/2016 of the Neyyattinkara Police Station, registered under Sections 451, 323, 354(b) and 427 of the Indian Penal Code. He seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest by the police.

(2.) On a perusal of the case diary and the case diary in Crime No.1751/2016 I find something suspicious in the allegations. Let the actual truth come out during trial. The wife of the petitioner herein is the defacto complainant in Crime No.1751/2016 wherein also the offence under Section 354 IPC is alleged. It appears that the actual dispute between the parties is something else. There occurred some altercation in connection with the said dispute. Two crimes happened to be registered in connection with the said dispute, and in both the crimes there is allegation of outrage of modesty under Section 354 IPC. In the above circumstances where things are to an extent doubtful as regards both the crimes, I feel it appropriate to grant pre arrest bail to the petitioner. His interrogation in custody is not absolutely necessary in this case. Even without such interrogation, the required materials can be collected by the police. It will suffice that the petitioner is directed to report before the investigating officer periodically for interrogation. In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 40,000/- (Rupees forty thousand only) each to the satisfaction of the arresting officer or the court below having jurisdiction. Bail is granted on condition that