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-facto complainant and the allegation is raised only to ensure that a non-bailable offence is alleged against the petitioner. It is submitted that incident took place after the petitioner and de- facto complainant participated in a birthday party. It is submitted that the entire story put forth by the de-facto complainant is so unbelievable as the husband of the de-facto complainant never intervened to save her from the alleged attack at any point of time.

6. I have heard the learned Public Prosecutor also.

7. The learned Public Prosecutor points out the circumstances of the case appearing from the record. It is submitted that there are clear allegations against the petitioner attracting the offence under Section 354 of IPC. It is submitted that the investigation is under progress and the petitioner is not entitled to be granted anticipatory bail.

8. Having regard to the facts and circumstances of the case, I am being prima facie convinced that the offence under Section 354 of IPC may not be attracted in the facts and circumstances of the case. Therefore, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

6. In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.147/2022 of Thalayolaparambu Police Station, Kottayam District subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.147/2022 of Thalayolaparambu Police Station, Kottayam District as and when summoned to do so; (iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.147/2022 of Thalayolaparambu Police Station, Kottayam District;

(iv) The 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.147/2022 of Thalayolaparambu Police Station, Kottayam District, may file an application before the Jurisdictional Court, for cancellation of bail.

Any observation in this order is only for the purpose of considering the entitlement of the petitioner for bail and shall not be treated as a finding by this Court on any point.