The Kerala High Court on Friday granted bail on stringent conditions, to an accused who allegedly attempted to commit rape on a nurse [Sreejith v State of Kerala].On being informed by that Public Prosecutor that the accused person made a similar attempt the very next day of the said incident, Justice VG Arun said,“Perverts are capable of doing anything. His lust was not satiated by the first attempt so he repeated it.”.The court was considering the bail application filed by the accused charged with offences under Sections 376 read with Section 511 (attempt to commit rape), Section 354 (assault or criminal force to woman with intent to outrage modesty), Section 354 A(1)(i) (sexual harassment), Section 506 (criminal intimidation), Section 342 (wrongful confinement) and Section 509 (word, gesture or act intended to insult the modesty of woman) of the Indian Penal Code (IPC).The prosecution case claimed that on March 22 at 10 pm, the accused person who is an electrician, barged into the nursing station of the hospital where he was working and attempted to commit rape on nurse, the de facto complainant.It was alleged that the accused attempted to kiss the nurse first and when she wriggled away, he tried to disrobe her.The prosecution further alleged that the accused made a similar attempt the very next day..The counsel for the accused person contended that even if he accepts the prosecution allegation in entirety, no offence under Section 376 of IPC was made out.He further contended that the prosecution story is highly improbable since the scene of occurrence is said to be the nursing station of the hospital.However, the public prosecutor submitted that that accused person attempted to disrobe the nurse and hence it is sufficient to attract Section 376 read with Section 511 of IPC.The repeated attack by the accused on the nurse is sufficient to deny bail to him, the public prosecutor added..After hearing the submissions, the court took note of the fact the accused was in custody since March 24 and that he has committed the offence of attempt to rape.Hence, it granted bail but subject to the following conditions:.1) Petitioner shall be enlarged on bail on his executing a bond for ₹50,000 along with two sureties of the same amount.2) Petitioner shall not enter the limits of Hill Palace Police Station for a period of two months unless his presence is required by the police for the purpose of investigation. 3) Petitioner shall not intimidate the defacto complainant or attempt to influence the witnesses in any manner. 4) Petitioner shall not get involved in any offence while on bail. The Court said that if any one of the above conditions is violated, the investigating officer can approach the jurisdictional court for cancellation of bail..[Read Order]
The Kerala High Court on Friday granted bail on stringent conditions, to an accused who allegedly attempted to commit rape on a nurse [Sreejith v State of Kerala].On being informed by that Public Prosecutor that the accused person made a similar attempt the very next day of the said incident, Justice VG Arun said,“Perverts are capable of doing anything. His lust was not satiated by the first attempt so he repeated it.”.The court was considering the bail application filed by the accused charged with offences under Sections 376 read with Section 511 (attempt to commit rape), Section 354 (assault or criminal force to woman with intent to outrage modesty), Section 354 A(1)(i) (sexual harassment), Section 506 (criminal intimidation), Section 342 (wrongful confinement) and Section 509 (word, gesture or act intended to insult the modesty of woman) of the Indian Penal Code (IPC).The prosecution case claimed that on March 22 at 10 pm, the accused person who is an electrician, barged into the nursing station of the hospital where he was working and attempted to commit rape on nurse, the de facto complainant.It was alleged that the accused attempted to kiss the nurse first and when she wriggled away, he tried to disrobe her.The prosecution further alleged that the accused made a similar attempt the very next day..The counsel for the accused person contended that even if he accepts the prosecution allegation in entirety, no offence under Section 376 of IPC was made out.He further contended that the prosecution story is highly improbable since the scene of occurrence is said to be the nursing station of the hospital.However, the public prosecutor submitted that that accused person attempted to disrobe the nurse and hence it is sufficient to attract Section 376 read with Section 511 of IPC.The repeated attack by the accused on the nurse is sufficient to deny bail to him, the public prosecutor added..After hearing the submissions, the court took note of the fact the accused was in custody since March 24 and that he has committed the offence of attempt to rape.Hence, it granted bail but subject to the following conditions:.1) Petitioner shall be enlarged on bail on his executing a bond for ₹50,000 along with two sureties of the same amount.2) Petitioner shall not enter the limits of Hill Palace Police Station for a period of two months unless his presence is required by the police for the purpose of investigation. 3) Petitioner shall not intimidate the defacto complainant or attempt to influence the witnesses in any manner. 4) Petitioner shall not get involved in any offence while on bail. The Court said that if any one of the above conditions is violated, the investigating officer can approach the jurisdictional court for cancellation of bail..[Read Order]
