Anticipatory bail may be granted if allegations are doubtful and no prior criminal records exist.

ORDER

This is an application for anticipatory bail.

2. Petitioners are the accused in Crime No.1459/2023 of Angamali police station, Ernakulam district, alleging commission of offences under Sections 354 , 354A and 341 r/w.34 of the Indian Penal Code .

3. Allegation against the petitioners is that, on

22.10.2023, at about 03.30 PM, the petitioners, with an intention to outrage the modesty of the de facto complainant, restrained her near the cash counter of the hotel being run by de facto complainant and touched her shoulder and breasts and thereby, committed the offences alleged against them.

4. Learned counsel appearing for the petitioners would submit that the allegations are absolutely false. It is submitted that the petitioners had ordered some food from the hotel being run by the de facto complainant and that they found certain plastic pieces and certain other waste in the curry that they had ordered and they questioned the de facto complainant regarding the same. It is submitted that the 1st petitioner is a Civil Police Officer and on coming to know that the 1st petitioner is a Civil police officer and on fearing that a complaint would be filed against her, the de facto complainant filed a complaint containing the allegations as noticed above, leading to registration of Crime No.1459/2023 of Angamali police station. It is submitted that there is a delay of three days in reporting the crime and that itself indicates that the allegations are false.

5. Heard the learned Public Prosecutor also.

6. Having heard the learned counsel for the petitioners and the learned Public Prosecutor and considering the facts and circumstances of the case, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions. No criminal antecedents are reported against the petitioners. The allegations are as noticed above. The only non-bailable offence alleged against the petitioners is that under Section 354 IPC . Even if the allegations are accepted to be true, it is doubtful as to whether the offence under is made out.

In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.1459/2023 of Angamali police Station subject to the following conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) Petitioners shall appear before the investigating officer in Crime No.1459/2023 of Angamali Police station as and when summoned to do so;

(iii) The petitioners shall not attempt to contact the de facto complainant or to interfere with the investigation or to influence or intimidate any witness in Crime No.1459/2023 of Angamali police station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1459/2023 of Angamali police station may file an application before the jurisdictional court, for cancellation of bail.

It is made clear that the observations in this order are only for the purposes of considering the entitlement of the petitioners to bail and shall not be treated as a finding by this Court on any aspect of the matter.