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2022 Supreme(Online)(KER) 45989

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
NEELAKANDAN PILLAI C – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
LATHEESH SEBASTIAN, SRI.NOUSHAD K.A.

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

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