M.PAZHANISWAMY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant crime No.318/2019 of Walayar Police Station, Palakkad District which has been registered for offences punishable under Sections 448 , 294(b) and 354 of the Indian Penal Code. The crime has been so lodged on the basis of the First Information Statement given by the lady defacto complainant on 30.09.2019 at about 2.30 P.M in respect of the alleged incidents which have happened on 25.08.2019 at about 11.45 P.M in the night.

(2.) The prosecution case in short is that the petitioner/accused aged 45 years, who is living the immediate neighborhood of the lady defacto complainant aged 35 years, who is a married woman and that on 25.08.2019 at about 11.45 P.M, a man had barged into her house in the night and had laid his hand on her breast with sexual intent when she was on her bed with her children and immediately she realized that it is the petitioner, who is her neighbor and when she was made hue and cry petitioner picked up a quarrel with her and then had made further quarrel with her husband and when others intervened, he ran away.

(3.) Learned counsel for the petitioner would point out that the above said allegations are false and baseless and further that in the morning of that day (25.08.2019), when the lady defacto complainant's husband had raised a quarrel with the petitioner's minor son and her husband had thus manhandled the children of the petitioner and the petitioner had told them that it is a wrong act and they were having the apprehension that petitioner might give some complaint to the police and is apprehending that the lady's husband has instigated her to file the instant false complaint in order to spite the petitioner and put pressure on him not to proceed against her husband for assaulting the minor children of the petitioner. Further counsel for the petitioner would point out that the alleged incidents said to have happened as early as 25.08.2019 at about 11.45 P.M in the night whereas, the FIS in the crime has been lodged for the first time only as late as on 30.09.2019 at about 2.30 P.M and the long delay in this regard has not been even remotely explained by the prosecution. Hence it is urged that the long and unexplained delay would vitiate the impugned criminal proceedings as it affects very credibility and believability of the prosecution story. Petitioner's counsel would thus urge that this Court may grant anticipatory bail to the petitioner subject to appropriate conditions.