SYAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 2nd accused among the 3 accused in the instant Crime No.1520/2019 of Ernakulam Town North Police Station, which has been registered for offences punishable under Secs.452, 341, 506(i) & 294(b) r/w Sec.34 of the I.P.C. The Crime has been registered on the basis of the FI statement given by the lady de facto complainant on 21.11.2019 at 12:40 noon in relation to the incidents which happened on 12.11.2019 at about 8:00 p.m. in the night.

(2.) The prosecution case in short is that the petitioner (A2) and A1 and A3 in furtherance of their common intention to put the de facto complainant under the fear of threat criminally trespassed into her house near Pachalam, Ernakulam, after preparing to intimidate the de facto complainant, armed with iron road and wrongfully restrained the de facto complainant and threatened to finish off her husband and also abused her shouting filthy words and thus the accused persons have committed the aforesaid offences. The petitioner has been arrested on 27.11.2019 and produced before the Magistrate on 28.11.2019 and has been remanded to custody on 28.11.2019 and has been under custody since then. A1 and A3 could not be apprehended so far by the Police.

(3.) Ms.Aruna Divakaran, learned counsel for the petitioner (A2) would submit that the main non bailable offence alleged against the petitioner which is the one as per Sec.294(b) of the I.P.C is not made out in this case for the simple reason that the petitioner has not used any words which are capable of arousing sexually impure thoughts in the minds of its hearers and the only offence in that regard is that the acucsed persons had used filthy and foul words and the mere use of abusive words will not attract the element of obscenity under Sec.294(b) of the I.P.C. The prosecution also not exactly stated as to what are the words that are indecent or obscene used by the accused persons. It is urged by Ms.Aruna Divakaran, learned counsel for the petitioner, that the petitioner (A2) has already suffered detention for the last 20 days and as the main non bailable offence alleged in this case is the one under Sec.452 of the I.P.C, this Court may order to release the petitioner on regular bail subject to stringent conditions as the continued detention is not necessary.