IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
CRL.A NO. 668 OF 2022
AGAINST THE ORDER DATED 08.06.2022 IN CRL.M.C.NO.482/2022 OF THE
COURT OF SESSIONS JUDGE/SPECIAL JUDGE FOR THE SCHEDULED CASTES AND
THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, THODUPUZHA
APPELLANT/PETITIONER/ACCUSED:
THOMAS MENDES,
AGED 29 YEARS
S/O PETER MENDES,
KALLACHAMMURI HOUSE, KANDANADU BHAGAM,
KOTHADU KARA, KADAMAKKUDY VILLAGE
ERNAKULAM DISTRICT, PIN - 682027
BY ADVS.SRI.N.K.SHYJU
SRI.GIREESH PANKAJAKSHAN
SMT.ARCHANA MITHRAN O.K.
RESPONDENTS/RESPONDENT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
R1 BY SRI.RENJITH GEORGE, SR.PUBLIC RPOSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO. 668 OF 2022
2
JUDGMENT
Dated this the 27th day of July, 2022 This appeal is filed challenging an order passed by Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Thodupuzha (for short 'the court below') on 08.06.2022 in Crl.M.C.No.482/2022, dismissing an application filed by the appellant under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.').
2. The application was dismissed by the court below for the reason that the investigation in the crime is at it's preliminary stage. The offences allegedly involved in the crime are those punishable under Sections 376 and 420 of Indian Penal Code, 1860 (for short 'IPC') and Sections 3(1)(w)(i) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'SC/ST (POA) Act').
3. The learned Public Prosecutor on instructions submitted that the investigation in the case is almost over. According to him, the appellant is aged 29 years and the defacto complainant is a major CRL.A NO. 668 OF 2022 3 lady aged 30 years.
4. The appellant was taken into custody on 19.05.2022 and therefore, he has served more than 60 days in custody. The investigation is also almost completed. Therefore, interest of justice demands his release from custody.
In the result, Crl.Appeal stands allowed. The impugned order stands set aside and bail stands granted to the appellant on execution by him of a bond for Rs.1,00,000/- with two solvent sureties each for the likesum to the satisfaction of the court below and also on compliance of the following conditions :-
1) The appellant shall neither intimidate or attempt to influence witnesses, nor tamper with evidence proposed to be 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 the proceedings of the case.
4) The appelant 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; if release of the passport is required at a later period, necessary orders to the effect shall be obtained from a Court having jurisdiction by filing applications to the effect.
CRL.A NO. 668 OF 2022 4 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 in accordance with law.
Sd/-
MARY JOSEPH
SMA JUDGE