ORDER

This is an application for anticipatory bail.

2. The petitioner is the accused in Crime No.542/2021 of Chalissery Police Station, Palakkad District alleging commission of offences under Sections 354, 354A(1)(i) of the Indian Penal Code.

3. The allegation against the petitioner is that on 26.12.2020 at about 2.30 p.m., the accused outraged the modesty of the de facto complainant by kissing her on her face and pressing her on her private part.

4. The learned counsel for the petitioner submits that the petitioner is the uncle of the de facto complainant's husband and that there are certain matrimonial disputes between the de facto complainant and her husband. It is submitted that the petitioner and other family members had tried to solve the disputes between the de facto complainant and her husband and that the crime has been registered only to wreck vengeance on the family of the petitioner. It is also submitted that though the incident is alleged to have happened in the month of December 2o2o, the complaint which led to registration of crime was given only in the month of December, 2021. This, according to the learned counsel, is sufficient proof of the fact that the allegations are false.

5. I have heard the learned Public Prosecutor also.

6. The learned Public Prosecutor has taken me through the statement given by the de facto complainant and has submitted that the de facto complainant has given clear details as to how she was molested by the petitioner. It is submitted that the investigation in the matter is progressing and the grant of anticipatory bail, if at all, must be with sufficient conditions to ensure that the investigation in the matter is not affected in any manner.

7. Having regard to the facts and circumstances of the case and considering the fact that the petitioner is stated to be 65 years of age and also considering the fact that the custodial interrogation of the petitioner may not be necessary, taking into consideration the nature of the allegations made by the de facto complainant, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

8. In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.542/2021 of Chalissery Police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.542/2021 of Chalissery Police Station at 9 a.m. on 25.1.2022 and thereafter, whenever called upon to do so;

(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.542/2021 of Chalissery Police Station;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.542/2021 of Chalissery Police Station may file an application before the jurisdictional Court for cancellation of bail.