AKHIL @ JITHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.692 of 2016 of the Shoranur Police Station, registered under Sections 143, 147, 148, 341, 323, 324, 354, 452, 294(b) and 506(ii) read with Section 149 of the Indian Penal Code. He is the first accused in the crime.

(2.) On a reading of the complaint in this case, I find that what is prominently alleged is an instance of assault. It is doubtful whether it will come under Section 354 IPC. It is settled that a mere assault on a woman will not by itself come under Section 354 IPC. For such a prosecution, something more by way of sexual intent is required. Whether the assault in this case involves such elements will be examined later. The main offences are bailable under the law. As regards Section 452 IPC, it will have to be examined whether this is in fact a case of house trespass with preparation to cause hurt, or only a case of house trespass with intention to cause hurt. Anyway, interrogation of the petitioner in custody is felt not necessary in the above circumstances. It would suffice that the petitioner is directed to report before the Investigating Officer periodically for necessary interrogation.