'Nothing To Suggest Sexual Intent': Kerala High Court Grants Pre-Arrest Bail To Youth Accused Of Holding Minor's Hand To Outrage Modesty

The prosecution case against the petitioner-accused was that he, along with the second accused in the case, came on a bike, and caught hold of the minor girl’s hand intending to outrage her modesty. The duo has been booked under Section 354 IPC (‘Assault or criminal force to woman with intent to outrage her modesty’), and Sections 8 (‘Punishment for sexual assault’) r/w 7 (‘Sexual assault’) and 16 (‘Abetment of an offence’) of the POCSO Act.

Justice Kauser Edappagath observed that the First Information Statement did not reveal that the said act was done by the applicant with 'sexual intent' or with the intention to outrage the modesty of the victim.

“The only allegation is that the applicant came in a bike and caught hold of the hand of the victim. There is nothing to suggest in the F.I.S. that, the said act was done by the applicant with sexual intent or with the intention to outrage the modesty of the victim. The applicant has no criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant,” the Court observed.

The petitioner was thus directed to be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer.

The petitioner was represented by Advocate S. Nikhil Sankar. Public Prosecutor Noushad K.A. appeared on behalf of the State.

Citation: 2023 LiveLaw (Ker) 443

Case Title: Anu v. State of Kerala

Case Number: BAIL APPL. NO. 7289 OF 2023

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