Kerala Court Grants Bail To Lawyer Accused Of Assaulting Junior Lady Advocate

A Court in Kerala on Monday (May 19) granted bail to Advocate Beyline Das, accused of assaulting his female junior.Judicial First Class Magistrate Court XII, Smt. Susan Sonnet passed the order observing that no custody application is filed by the police and no recovery is needed in the case. The learned Magistrate observed that the accused did not have any antecedents and that only one of the offences (S.74) alleged against the accused is a non-bailable one. For establishing offence under the said provision, the oral testimony of an eye witness is required and the fact as to whether it constitute an assault or an act which was done with the intention of outraging the modesty of the victim, is a matter to be considered on the basis of evidence and the attending circumstances, for which a custodial interrogation or further detention of accused is not necessary.The case was registered before the Vanchiyoor Police Station under Sections 126(2) [Wrongful restraint], 74 [Assault or use of criminal force to woman with intent to outrage her modesty], 115(2) [Voluntarily causing hurt] and 117(1) [Voluntarily causing grievous hurt] of the Bharatiya Nyaya Sanhita (BNS) and Das was undergoing judicial custody as per remand order.The Court had part heard the matter on Friday (May 17) and had posted the case for orders today.In the bail application, Das had taken the plea that he was provoked by the de facto complainant and he has himself sustained assault at her hands, leading to loss of hearing and infection in his ears.Following the allegations, the Trivandrum Bar Association had earlier suspended him and the Bar Council of Kerala had decided to restrict him from appearing before any court, Tribunal or authority pending disciplinary proceedings against him.Click to Read/Download Order

Kerala Court Grants Bail To Lawyer Accused Of Assaulting Junior Lady Advocate

K. Salma Jennath

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