MAHESH M.T.K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.1222/2019 of Vatakara Police Station, Kozhikode, which has been registered for offences punishable under Sec.354 of the IPC . The said crime has been registered on the basis of the FIS given by the lady victim aged 20 years on 7.11.2019 at about 3.50 pm in respect of the alleged incidents which has happened on the same day (7.11.2019) at about 9.45 am.

(2.) The prosecution case in short is that, on 7.11.2019 at about 9.45 am when the lady victim aged 20 years was travelling in a private bus in which the petitioner accused aged 40 years was working as a door checker ("cleaner"), and that when the bus reached near her bus stop, she wanted to alight through the front door but the petitioner accused had told her that because of the crowd she could easily alight through the back door and while so alighting through the back door the petitioner had caught hold of her breast. It appears that immediately on the same day of incident, she has given the FIS to the police at about 3.50 pm. The petitioner was arrested in this case on 8.11.2019 and after remand has been under custody since then.

(3.) The counsel for the petitioner would point out that the abovesaid allegations are false and baseless, and would have been made only on account of misunderstandings of the alleged victim, and taking note of the nature of the allegations in this case and also the fact the petitioner has already suffered detention in this case for the last 24 days, his continued detention is not necessary and this Court may order to release him on regular bail subject to stringent conditions.