IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
CRL.A NO. 424 OF 2022
CRMP 1167/2022 OF ATROCITIES AGAINST SC/ST (SPECIAL COURT),
PATHANAMTHITTA
APPELLANT/S:
1 AMAL NATH,AGED 24 YEARS
S/O MURALEEDHARAN NAIR, THOLOOR THEKKETHIL HOUSE,
KUMBAZHA P.O. , PATHANAMTHITTA, PIN - 689645
2 VISHNU C V,AGED 25 YEARS
S/O VISWANATHAN , CHARUVULKALAYIL HOUSE, KUMBAZHA
P O , PATHANAMTHITTA VILLAGE, PATHANAMTHITTA, PIN
- 689645
BY ADVS.
M.T.SURESHKUMAR
SHRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH
SMITHA PHILIPOSE
P.R.JAYASANKAR
DARSAN SOMANATH
MANJUSHA K
SREELAKSHMI SABU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 PRASAD
AGED 52 YEARS
S/O GOPALAN, PANACKAL VEEDU, MYLADUMPARA, KUMBAZHA
P.O., PATHANAMTHITTA DISTRICT, PIN - 689653
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI. NOUSHAD K.A-SR.PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.A NO. 424 OF 2022
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BASANT BALAJI, J.
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CRL.A NO. 424 OF 2022
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JUDGMENT
(Dated this the 29th day of April 2022) This appeal is filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ST Act') against the order passed in Crl.M.P. No. 1167 of 2022 on the files of the Sessions Court, Pathanamthitta dismissing application for bail filed under Section 439 Cr.P.C.
2. The petitioners are accused Nos.2 and 3. The offences alleged against the petitioners are under CRL.A NO. 424 OF 2022 -3- Sections 143, 147, 148, 447, 294(b), 326, 324, 149 read with Section 3 of SC/ST Act.
3. The prosecution allegation is that on 21.8.2021 at about 4.30 pm, the 2nd respondent has allegedly being assaulted by 4 to 5 persons. The motive alleged is that at about 2 months prior to the date of accident, he has filed a complaint against the first respondent alleging that he has pelted stones at the house. Both the complainant and the accused were called in and the matter was settled in the Police Station. The first accused along with 4 to 5 persons, came in 3 motor bikes in front of his house pelted stones at him and assaulted him with wooden reapers. The injury is a fracture on his left hand.
4. The appellants moved an application for bail CRL.A NO. 424 OF 2022 -4- under Section 439 Cr.P.C. before the Sessions Court, Pathanamthitta. As per the order of the said court, the application was dismissed on 8.4.2022. Hence this appeal challenging the said order.
5. Notice issued to R2 has been duly served by the special messenger. But there is no appearance.
6. The learned counsel for the appellants submitted that a reading of the FIR Statement would show that the same is silent about the allegation that he is a member of the SC community and that no offence under SC/ST Act will attract. As per the original FIR the only IPC offences are included. But later the offence under SC/ST Act is incorporated to deny bail.
7. The learned Public Prosecutor submitted that the CRL.A NO. 424 OF 2022 -5- offences involved are of grave nature and that if the appellants are released on bail, they may influence the witnesses and intermeddle the investigation and also may abscond.
8. On going through Annexure - A1 FIR, it is seen that the offences alleged against the appellants are only IPC offences, Later the offence under SC/ST Act is also incorporated. The FIR statement also does not reveal that he is a member of SC/ST and that any of the offence under the Act is attracted.
9. The appellants are in custody from 30.3.2022 on wards and the investigation is almost over.
In the said circumstances, I am of the view that further detention of the appellants is not necessary. CRL.A NO. 424 OF 2022 -6- In the result, this Crl.Appeal is allowed and bail is granted to the appellants on the following conditions:
(i) The appellants shall be released on bail on executing a bond for Rs.1,00,000/- each, with two solvent sureties, each for the like sum to the satisfaction of the court.
(ii) The appellants shall not do any offence of like nature while on bail.
(iii) The appellants shall report before the SHO on all Mondays between 10 am to 12 noon and also shall report before Investigating Officer as and when required.
(iv) The appellants shall co-operate with investigation and shall not intermeddle with the investigation or influence the witnesses.
(v) The appellants shall surrender their passport, if any and if they do not have passport, shall file affidavit to that effect.
sd BASANT BALAJI, JUDGE.
dl/