Misbehaviour Alleged To Have Been Caused In A Drunken State: Madras HC Grants Bail To Man Accused Of Misbehaving With Woman
The Madras High Court has granted bail to a man accused of misbehaving with a woman while he was in a drunken state.
The Court had directed the accused to file an undertaking after the Court had observed that the misbehaviour was alleged to have been caused by the petitioner in a drunken mood.
On producing an undertaking affidavit stating that the above-said occurrence was committed by mistake, the Court granted bail to the accused.
“…considering the period of incarceration and also considering the fact that the above said misbehaviour was alleged to have been caused by the petitioner in a drunken mood, he was directed to file undertaking affidavit before this Court. He has also produced an undertaking affidavit stating that the above said occurrence was committed by mistake. Considering the above said undertaking affidavit, this Court is inclined to allow this appeal and grant bail….”, Justice G.Ilangovan held.
In this case, the complainant lodged a complaint stating that after purchasing the vegetables in Gudalur weekly market, she was standing in front of the market when the accused came to the place in drunken mood and demanded her cell phone.
It was stated that when she objected, he caused trouble and also misbehaved with her.
On the basis of the above-said occurrence, she lodged a complaint.
Therefore, the petitioner was arrested and remanded to judicial custody for the offences punishable under Sections 510 of Indian penal Code read with Section 3(1)(w)(ii), 3(2)(va) of SC/ST (POA) Amendment Act 2015.
The accused sought to be released on bail.
At the time of arguments, the Counsel for the complainant argued that if he is released on bail, there is every likelihood of causing trouble again.
The Government Advocate submitted that the petitioner is a habitual offender against whom, several proceedings have been initiated.
Advocate S.Sabbani Karbura Jothi appeared for the accused whereas Government Advocate M.Sakthi Kumar appeared for the State.
However the Court considering the period of incarceration and also considering the undertaking filed by the accused, granted bail to the accused.
Cause Title- Sivankalai v. State & Ors.