A.M. YOHANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The applicant herein is the accused in Crime No.764 of 2018 of Kovalam Police Station registered under Sections 376, 354 and 341 of the IPC.

(3.) The applicant is a septuagenarian and is the proprietor of a restaurant. The de facto complainant is a married lady and she was working as a waiter in the said restaurant. According to the de facto complainant on 20.05.2018, at about 11.30 A.M, she was asked by the applicant to come to Room No.106 with the bank slips. It is alleged that when she entered the room, the applicant herein closed the room and subjected to her to gross sexual assault. Somehow or the other, she managed to escape. According to the de facto complainant, on an earlier occasion, the applicant herein had attempted to sexually assault her. It is on these allegations that a complaint was lodged on 22.5.2018 at about 6.45 p.m., based on which, the crime was registered.