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2022 Supreme(Online)(KER) 18966

HIGH COURT OF KERALA
SANTHOSH – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application for anticipatory bail.

2. The petitioner is the 2nd accused in Crime No.147/2022 of Thalayolaparambu Police Station, Kottayam District, alleging commission of offences under Sections 323, 341 & 354 of the Indian Penal Code.

3. The allegation against the petitioner is that on account of the previous enmity, the petitioner unlawfully restrained the husband of the de facto complainant and slapped him when he was riding his two wheeler and thereafter he pulled down the de-facto complainant who was riding pillion and slapped her also and tore her dress.

4. The learned counsel appearing for the petitioner submits that the only non bailable offence alleged is that under Section 354 of the Indian Penal Code. It is submitted that even assuming that the contentions are true, the offence under Section 354 of IPC is not attracted in the facts and circumstances of the case. It is submitted that there is no allegation that the petitioner had attempted to outrage the modesty of the de-facto complainant. It is submitted that there was delay in lodging the First Information Report. It is submitted that the petitioner had never attempted to outrage the modesty of the de-fact

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