IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Bail Appl..No. 3953 of 2010() ----------------------------- (CRIME NO.83/2010 OF PATTAMBI POLICE STATION) PETITIONER ------------------ SIVADASAN, AGED 46 YEARS, S/O.KOCHUNNI THIRUMULPPAD, JYOTHI NIVAS, KOTTAPPURAM (PO), SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, P.O.PATTAMBI. 3. THE DEPUTY SUPERINTENDENT OF POLICE, P.O.SHORANUR. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3953 OF 2010 -------------------------------- Dated this the 7th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 354, 506(i) of IPC and Section 3(i)(X) &(XI) of SC/ST (Prevention of Atrocities) Act. According to prosecution, on 08/02/2010, petitioner was cutting tree from a disputed property and de facto complainant questioned the same, when she was beaten up by petitioner. Her modesty was outraged by dragging her through the road by catching hold of her jacket. She was criminally intimidated. She was insulted in public by calling her caste name. 3. Learned counsel for petitioner submitted that the property in which the incident happened belonged to petitioner. There was a long-standing civil dispute between the parties in respect of possession of the property. A suit was filed for injunction against petitioner by de facto complainant's husband, but, it was dismissed. An appeal was filed and it was also dismissed. Though a crime was registered including Section 447 of IPC, it was subsequently deleted. 4. Originally, only bailable offences under Sections 323 and 447 of IPC were included. But, now, offences are altered to B.A No.3953 OF 2010 2 Sections 354, 506(i) of IPC and Sections 3(i)(x)&(xi) of SC/ST(PA) Act. The alteration was done pursuant to a petition given by de facto complainant's husband to the M.L.A. In the report itself of the police, it is stated that such a petition was given to M.L.A and hence the Sections are altered. Petitioner is innocent of the allegations made. He has not acted in the manner alleged now, it is submitted. 4. Learned Public Prosecutor conceded that offence under Section 447 of IPC was subsequently deleted. Offence under Section 354 of IPC was included subsequently. In FIS, there was no case for the de facto complainant that she was dragged through the road by catching hold of her jacket etc. It is also pointed out that the allegation which constitute offence under Sections 3(i)(x)& (xi) of SC/ST(PA) Act are also absent in FIS. 5. On hearing both sides, considering the circumstance under which offence under the SC/ST(PA) Act is introduced and also the circumstances under which allegations regarding outraging of modesty are brought in, I am satisfied that petitioner can be granted anticipatory bail on conditions since petitioner has a strong and arguable case regarding involvement of offence under the SC/ST(PA) Act. Hence, the following order is passed. B.A No.3953 OF 2010 3 (1) Petitioner shall, in the event of arrest be released on bail, on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. (iv) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. (2) This order will be in force only for a period of 15 days from today. In the meantime, petitioner shall seek regular bail from the court concerned. Petition is allowed. K.HEMA JUDGE vdv