The petitioner has been arrayed as the sole accused in Crime

No.822/2019 of Mavelikkara Police Station, which has been registered

for offences punishable under Sections 354 and 394 of the Indian

Penal Code. The prosecution case is that on 24.04.2019 at 10 p.m., the

accused with an intention to cause hurt and committing theft of gold

chain worn by the defacto complainant, followed the defacto

complainant in a scooter bearing Reg. No.KL-31-E-4454 and when the

defaco complainant and her husband reached near Kochikkal junction

near Kattuvalli temple in a scooter, the accused attempted to snatch

away the gold chain worn by the defacto complainant and touched on

her right hand and pulled her. On account of the said act, the defacto

complainant and her husband fell down and sustained injuries. It is

further alleged that the accused has outraged her modesty. Thus the

accused is alleged to have committed offence punishable under

Section 354 and 294 of the Indian Pendal Code.

2.

It appears that the present regular bail application is the

fifth one made by the petitioner in the instant crime before this Court

and the previous four applications for regular bail have been rejected

3

by this Court as per Annexures-A2 to A5 orders. The petitioner was

also involved in two other crimes of broadly similar nature as per

Crime Nos.632/2019 and 851/2019 both of Mavelikkara Police Station

and since the present offence as per Section 354 of IPC is absent in

those crimes, the statutory default bail period of 60 days in relation to

those crimes were over and the petitioner was given liberty to move

jurisdictional Magistrate Court concerned for the relief of statutory

default bail. However, it is not known to the petitioner's counsel as to

whether the petitioner has already secured formal orders granting

him the benefit of statutory default bail in those two crimes.

3.

The learned counsel for the petitioner would vehemently

urged that the petitioner in this case has already suffered detention

since 14.5.2019, i.e., for the last 85 days. It appears that the statutory

default bail for the offence in the present case is 90 days from the date

of remand. It also appears that the investigation has not so far been

entirely completed. Therefore, it is quite likely that the petitioner

might secure the benefit of statutory default bail even otherwise.

Considering all these facts, this Court is inclined to grant him the

benefit of the regular bail subject to stringent conditions.

4.

The learned Public Prosecutor would caution this Court

that there is possibility of the petitioner committing similar offences

and also influencing and intimidating the witnesses including the lady

defacto complainant in this case, if he is let off on bail. The said

apprehension of the prosecution cannot be easily ruled out by this

4

Court and appropriate safeguards will have to be placed as conditions

in the grant of bail.

5.

Accordingly, it is ordered that the petitioner/accused shall

be released on bail on his executing a bond for Rs.40,000/- (Rupees

Forty Thousand only) and on his furnishing two solvent sureties for

the like sum each to the satisfaction of the competent court below

concerned. However, the this direction to release the petitioner on

bail will be dependent on the issue as to whether the petitioner's

detention is required in any other case. However, the grant of bail in

this case will be subject to the following conditions:

(i). The petitioner will report before the Investigating

Officer concerned at any time between 10:00 a.m.

and 12:00 noon on every 2^nd and 4^th Saturdays for

the next 4 months. Thereafter the petitioner shall

report before the Investigating Officer as and

when directed by him.

(ii). The petitioner shall not intimidate or attempt to

influence the defacto complainant/victim,

witnesses; nor shall tamper with the evidence.

(iii). The petitioner shall not commit any similar offence

while on bail. However, if the petitioner himself

involved in any other crime, a