IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
CRL.A NO. 796 OF 2022
AGAINST THE ORDER DATED 20.07.2022 IN CRL.M.P.NO.606/2022 OF SPECIAL
COURT FOR SC/ST(POA)ACT, MANNARKKAD
CRIME NO.251/2022 OF MALAMPUZHA POLICE STATION, PALAKKAD
APPELLANT/PETITIONER/ACCUSED:
KRISHNAN, AGED 55 YEARS, S/O SWAMI,
ASWATHY STORE, VELAMPOTTA,
MALAMPUZHA, PALAKKAD - 678 651
BY ADV SRI.V.A.VINOD
RESPONDENTS/RESPONDENTS/COMPLAINANT, STATE AND DEFACTO COMPLAINANT:
1 STATION HOUSE OFFICER
MALAMPUZHA POLICE STATION, PALAKKAD - 678 651
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031
3 SAVATHRY, AGED 45 YEARS, W/O KUMARAN,
IDAKKALAM, PUKKUNDU,
MALAMPUZHA, PALAKKAD - 678 651
R1 AND R2 BY SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR
R3 BY ADV SRI.SHAKTHI PRAKASH
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal No.796 of 2022
2
JUDGMENT
Dated this the 10th day of August, 2022 This appeal is filed challenging an order passed by Special Court for SC/ST (POA) Act, Mannarkkad (for short 'the trial court') in Crl.M.P.No.606/2022.
2. Crl.M.P.No.606/2022 is an application filed by the sole accused in Crime No.251/2022 of Malampuzha Police Station, registered for offences punishable under Sections 341, 294(b), 326 and 308 of the Indian Penal Code, 1860 (for short 'IPC') and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act').
3. The case of the prosecution was that the accused who belongs to OBC community, at about 5 pm on 04.07.2022 wrongfully restrained the defacto complainant, a member of scheduled caste community, abused her and caused grievous hurt to her, infront of a shop belongs to Mr.Mani, Velampotta, Malampuzha Panchayath, Malampuzha Village. As per the allegations, the accused beat the defacto complainant on her both Crl.Appeal No.796 of 2022 3 hands, left leg and head, as a result of which the defacto complainant sustained a fracture on her right hand. On the basis of the allegations raised, the crime in question was registered. Appellant was arrested and he is undergoing custody since 06.07.2022. He has moved an application before the trial court seeking for regular bail but that application was dismissed on consideration of the grave nature of the offences.
4. The learned Public Prosecutor on the basis of the instructions submitted that the investigation in the case is concluded and a final report is filed.
5. This Court also finds that the appellant has served sufficient days in custody and his presence in custody is not required further. In the above circumstances, the Crl.Appeal is only to be allowed.
In the result, Crl.Appeal is allowed and bail stands granted to the appellant on execution by him of a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the likesum to the satisfaction of the trial court and also on observance of the following conditions:
Crl.Appeal No.796 of 2022 4
1. The appellant shall neither intimidate or attempt to influence the witnesses of the prosecution, nor tamper with the evidence proposed to be adduced and relied on by the prosecution.
2. The appellant shall not commit any offence while on bail.
3. The appellant shall appear before the court and co-operate with proceedings of the Court in the case.
4. The appellant shall not leave India without obtaining permission of the Court and if he is having a passport, shall deposit the same before the trial court within a week; and in case, release of the passport is required at a later point of time necessary orders to that effect shall be obtained from a Court having jurisdiction by filing applications and establishing his cause. In case of violation of any of the above conditions, the jurisdictional court is empowered to consider the application for cancellation of bail, if any filed by the authority concerned and pass appropriate orders therein in accordance with law.
Sd/-
MARY JOSEPH JUDGE NAB Crl.Appeal No.796 of 2022 5 APPENDIX OF CRL.A 796/2022 PETITIONER'S ANNEXURES:
ANNEXURE 1 COPY OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 25.07.2022 ANNEXURE 2 COPY OF THE ORDER IN CRL.M.P NO 606/2022 DATED 20.07.2022 RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P A TO JUDGE