VIVEK.P Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioner has been arrayed as accused No.1 in Crime No.384/2019 of Elathur Police Station, which has been registered for offences punishable under Sections 341, 323, 354, 354A and 427 r/w. Sec. 34 of IPC.

(2.) The prosecution in short is that on 27.4.2019 at 20.30 hours, while the defacto complainant and his fiance with whom his marriage has been fixed, were sitting in car on the side of the road in front of the Meithra Hospital, Edakkad, the accused persons with the intention to commit the above said crime, wrongfully restrained the complainant and beat him with hands and when the lady tried to obstruct beating the complainant, the accused persons outraged her modesty by using criminal force and caught hold of her hands and dress with intention to physical harassment and accused persons had broken the glass of the car and the complainant sustained loss of Rs.75,000/- etc. All together, there are four accused and accused No.1 (petitioner) has been arrested on 14.5.2019 and has been under judicial custody since then. Accused 2 to 4 have not so far been apprehended.

(3.) The learned counsel for the petitioner would urge that the only non-bailable offence alleged against the petitioner in this case is the one as per Section 354 of IPC and that the petitioner is innocent of the charges and that, at any rate, as he has been under judicial custody since 14.5.2019, continued detention longer necessary and this Court may grant regular bail subject to stringent conditions.