STEPHEN VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused No.1 in Crime No.777/2019 of Kayamkulam Police Station, which has been registered for offences punishable under Secs.294(b), 341, 323, 354 & 506 r/w Sec.34 of the I.P.C.

(2.) The prosecution allegation is that the petitioner is the divorced husband of the lady defacto complainant (Anju) and that such divorced Anju had married one Manoj and that when Anju and her new husband Manoj were travelling all the way from Trichi to the place in question she wanted to vomit and for that purpose the car was stopped and at that time, accused Nos 1 and 2 and two others were coming in a motor cycle and seeing her they stopped and that the 1st accused had caught hold of the hand of the defacto complainant and the 2nd accused had tore off her churidhar worn by her and pressed her breast in a manner to outrage her modesty and causing humiliation and when the defacto complainant's husband tried to resist the accused, both the accused had slapped the defacto complainant and her husband and thereby committed the offences. There are altogether 4 accused in the above crime out of which the petitioner has been arrested on 18.3.2019 and he has been under judicial custody since then and accused No.3 has been arrested and later released on bail and accused No.2 has not so far been arrested, etc.

(3.) It is pointed out by Sri.K.K.Dheerendrakrishnan, learned counsel for the petitioner that even going by the allegations of the defacto complainant in her FI statement her specific case is that she and her husband Manoj were travelling all the way from Trichi to the place in question (Chunakkara) and she stopped the car as the lady had to vomit and at that time the accused persons have come to the place and seeing her they stopped and the alleged incidents had occurred, which would clearly by no stretch of imagination prove the prosecution case that there is pre-mediated intention for the accused persons to attack or to outrage the modesty of the lady and the incidents had happened on the spur of the moment and that going by the specific allegations of the lady defacto complainant in her FI statement, the petitioner (A-1) had caught hold of her hand and had later slapped her and her husband and other allegations of outraging the modesty of the lady are all caused by accused No.2 and admittedly all other offences are bailable offences and the petitioner has already been interrogated and has been under custody for the last 18 days since 18.3.2019, further it is pointed out by the petitioner that going by the version of the lady defacto complainant, she is residing in Pollachi with her husband, Manoj.