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2022 Supreme(Online)(KER) 15280

HIGH COURT OF KERALA
SHAJI MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioner is the accused in Crime No. 912/2022 of Alakode Police Station, Kannur, alleging offences punishable under Sections 354 and 354A(1)(i) of the Indian Penal Code, 1860.

3. According to the prosecution, the accused outraged the modesty of the defacto complainant on 01.11.2022, while, she was going for work.

4. Sri.Christine Mathew, the learned counsel for the petitioner, contended that the entire prosecution allegations are false and that the attempt of the defacto complainant is to take revenge against the petitioner for having supported his daughter in filing complaint against the son of the defacto complainant, alleging offences under Sections 354(A), 366 & 376 of the IPC and Sections 5,6,7 & 8 of the Protection of Children from Sexual Offences Act, 2012.

5. Sri.Noushad.K.A, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious requiring custodial interrogation.

6. I have considered the rival contentions.

7. Having regard to the circumstances, I am satisfied that petitioner ought to be protected with anticipat

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