VISWAMBARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.798/2019 of Kalady Police Station, Ernakulam, which has been registered for offences punishable under Secs.451, 354, 354A(1)(i) of the IPC on the basis of the FI Statement given by the lady de facto complainant on 29.06.2019 at about 11.15 p.m. in respect of the alleged incident happened on the previous day (28.06.2019) at about 3.30 p.m. The petitioner has been arrested in relation to this crime on 30.06.2019 and has been under judicial custody since then.

(2.) The prosecution case in short is that the lady de facto complainant aged 34 years is an unmarried lady whose father is now no more and that though she is qualified in general nursing, she is now not employed and that now she is residing along with her mother and brother in her family house and that on 28.06.2019 at about 3.30 p.m., the petitioner/accused aged 55 years had come to her residence to purchase jackfruits from her house and after purchase, he had come inside the house and handed her a cash amount of Rs.150/- and thereafter, he immediately grabbed her and embraced her and pressed her breast several times and she had to use force to overcome his grip and later he threatened her by yelling out at her, etc. That later she informed her mother about the incident and the FIS was lodged on the next day.

(3.) Sri.Sergi Joseph Thomas, learned counsel appearing for the petitioner would urge that the allegations raised against the petitioner in this case are false and baseless and further that the petitioner has already suffered detention for the last 58 days and that so far the investigation has not been completed and the final report has not been filed and in all likelihood, the investigating agency may not be in a position to file the final report within the next two days and therefore, the petitioner is even otherwise entitled to be released on statutory default bail, in case the final report is not filed, within 60 days from the date of his remand (30.06.2019), etc.