IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
CRL.A NO. 576 OF 2022
AGAINST THE ORDER IN CRL.M.P NO.248/2022 OF SPECIAL
COURT-TRIAL OF OFFENCE UNDER SC/ST(POA)ACT, MANNARKKAD
APPELLANT/5TH ACCUSED :-
MUHAMMED FASIL
AGED 32 YEARS
S/O. MUSTHAFA, PAIVALAPPIL VEETTIL,
PARAPPURAM, PANJAL, THRISSUR DT.,
PIN - 679531
BY ADV A.HAROON RASHEED
RESPONDENTS/COMPLAINANT :-
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.,
PIN - 682031
2 KRISHNAPRIYA K
AGED 20 YEARS
S/O. KRISHNANKUTTY, ONDIVEERANPOTTA,
NENMENI, KOLLENGODE-1
PALAKKAD, KERALA- , PIN - 678506
BY SRI RENJITH GEORGE, SR.PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.A.No.576 of 2022
2
JUDGMENT
This appeal is filed against an order passed by Special Court for SC/ST (POA) Act, Mannarkad (for short 'the court below') in Crl.M.P.No.244, 248 and 249/2022 of Thrithala Police Station, Palakkad District filed in Crime No.280/2022.
2. The petitioner is the 5th accused and alongwith accused Nos.1 and 2, he had moved an application seeking regular bail before the court below and it was dismissed for the reasons that the investigation is progressing and some other accused are yet to be arrested. The criminal antecedents of the accused were also projected as a reason while declining bail to them. The aggrieved petitioner are now before this Court in the appeal on hand.
3. The learned counsel for the petitioner has produced the proceedings of the court below, which shows that bail applications filed Crl.A.No.576 of 2022 3 by accused Nos.1 and 2 were allowed and they were enlarged on bail.
4. The learned Public Prosecutor handed over the report of the investigating officer, which convinces this court that the allegations against the 1st and 2nd accused are of more gravity than that was raised against the petitioner herein. The 1st and 2nd accused stands enlarged on bail. Therefore, there is absolutely no reason to detain the petitioner herein whose involvement in the crime is of lesser gravity than accused Nos. 1 & 2.
In the above circumstances Crl.Appeal stands allowed. Order of Crl.M.P.No.248/2022 on the files of SC/ST (POA) Act, Mannarkad in Crime No.280/2022 of Thrithala Police Station to the extend it declined bail to the petitioner herein is set aside. The petitioner is enlarged on bail 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 court below and Crl.A.No.576 of 2022 4 subject to the following conditions :-
1) He shall report before the
investigating officer for interrogation
as and when required by him in writing.
2) He shall not influence the witnesses or tamper with evidence.
3) He shall not repeat crimes of similar nature or crimes of other natures. In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with law.
The Crl.Appeal is allowed as above.
Sd/-
MARY JOSEPH JUDGE SMA