C.P. Madhavan Kutty v. Sub Inspector Of Police

P. Ubaid, J.:— The petitioner seeks pre-arrest bail on the apprehension of arrest in Crime No. 420 of 2016 of the Aluway Police Station, registered under Sections 354 and 509 of the Indian Penal Code.

2. On a perusal of the complaint in this case, I find that what is at the most attracted is only Section 354A of IPC which is bailable under the law. of course, proceedings under Section 509 of IPC is also possible. It is not known how the Crime happened to be registered under Section 354 of IPC, which requires something more. I doubt something regarding the genuineness of the complaint and also about the Police Officer who registered the crime under Section 354 of IPC. This sort of Police Officers who do not know how to register a crime should be eliminated. In the nature of the allegations and the circumstances, I feel it appropriate to grant pre-arrest bail to the petitioner.

3. In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 25,000/- (Twenty Five Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate or the learned Special Judge having jurisdiction, as the case may be, in case of his arrest in connection with Crime No. 420 of 2016 of the Aluway Police Station. Bail is granted on condition that;

a) The petitioner shall report before the Investigating Officer for necessary interrogation, as and when felt necessary, but not beyond the period of one month from this date.