Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.766/2014 of Changaramkulam Police Station registered for the offences punishable under Sections 452 and 354(A)(i)(ii) & (iii) of the Indian Penal Code.
3. The allegations against the petitioner is that on 9.10.2014 at 2.00 p.m., while the de-facto complainant was engaged in cooking food at her kitchen, the petitioner, by representing him as an Insurance agent, committed trespass into the kitchen and thereafter made some sexual overtures towards her. By commending that the de-facto complainant had a sexual look, he advanced towards her. When the de-facto complainant took the kitchen knife, he made an exit. Thereafter, on the next day by 1.30 p.m., again he came to the quarters, committed house trespass and caught hold of her hand. On seeing the husband of the de-facto complainant coming, he made an urgent exit.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The only non-bailable offence is one alleged under Section 452 of the Indian Penal Code. At the same time, it is evident that the specific allegation from the part of the de-facto complainant is that the petitioner had made sexual overtures towards her. It seems that by catching on her hand, he had outraged her modesty. The allegation against the petitioner is very grave and serious. Considering the seriousness of the allegations against the petitioner, I am of the view that the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within five days from today, and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge