The court emphasized the necessity of evaluating the nature of allegations and conditions under which anticipatory bail may be granted.

1. This is an application for anticipatory bail.

2. The petitioner is the accused in crime No.678/2023 of Thalayolaparambu Police Station, which was initially registered for the offences punishable under S.294(b), S.323, S.324, S.354A read with S.451 of the Indian Penal Code . Subsequently, the offence under S.354 was also incorporated.

3. The prosecution case is that, on 21.06.2023, the petitioner, a relative of the victim, abused the de - facto complainant and assaulted her by catching hold of her hand and neck, thereby committing the offences. The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted.

4. Heard Sri. Joy George, the learned counsel appearing for the petitioner and Smt. Sreeja V., the learned Senior Public Prosecutor for the State.

5. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations and he was falsely implicated in the said case. It is also pointed out that, the petitioner is a person, aged 60 years and having several physical ailments. In the year 2022, he was diagonised with throat cancer and is undergoing radiation. He also undergone heart surgery in the year 2020. In such circumstances, the petitioner seeks for bail.

6. On the other hand the learned Public Prosecutor opposes the aforesaid application by pointing out that there are certain allegations against the petitioner. The matter is under investigation and therefore dismissal of the application was sought.

7. I have gone through the records. It is true that there are certain allegations against the petitioner. However, it is discernible from the records that, no serious injuries were sustained by the de - facto complainant. Even though the offence under S.354 is incorporated, from the nature of allegations raised against the petitioner, it is doubtful as to whether the said acts were committed by the petitioner with any sexual intention. The said acts were committed by the petitioner during the course of a scuffle between the parties. No criminal antecedents of the petitioner were also brought to my notice. As pointed out by the learned counsel for the petitioner that the petitioner is a person aged 60 years with various physical ailments. In such circumstances, I do not find any necessity of custodial interrogation of the petitioner.
In such circumstances, this bail application is disposed of with the following directions: