The court established that anticipatory bail can be granted even for serious allegations when custodial interrogation is not deemed necessary, emphasizing the rights of the accused.

ORDER

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

2. Petitioners are the accused in Crime No.1507/2022 of Nedumangad Police Station alleging offences punishable under Sections 323 , 341 and 354 r/w Section 34 of the Indian Penal Code .

3. According to the prosecution, on 10.09.2022, the accused outraged the modesty of the defacto complainant by catching hold of her and when she tried to escape and the first accused pressed on her breasts and thereafter on 12.09.2022, the first accused obstructed the vehicle in which the defacto complainant and her family were travelling and both accused assaulted the defacto complainant and her husband and thereby committed the offences alleged.

4. Sri.Latheesh Sebastian, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred.

5. Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that custodial interrogation is essential.

6. On a consideration of the circumstances arising in the case and on an appreciation of the arguments of either Counsel, though I am of the view that the allegations are serious in nature, the petitioners are entitled to be released on bail in the event of their arrest on conditions, since custodial interrogation is not required.

7. Accordingly, this application is allowed on the following conditions :

(a) Petitioners shall appear before the Investigating Officer on

06.10.2022 and shall subject themselves to interrogation.

(b) If after interrogation, the Investigating Officer proposes to arrest the petitioners, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum before the Investigating Officer.

(c) Petitioners shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

(d) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the defacto complainant or her family members;

(e) Petitioners shall not commit any similar offences while they are on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

BECHU KURIAN THOMAS, JUDGE RKM