Kerala High Court
Favas M P vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024/27TH CHAITHRA, 1946
CRL.A NO.692 OF 2024
CRIME NO.60/2024 OF VAZHAKKAD POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 02.04.2024 IN CRMC NO.339
OF 2024 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST),
MANJERI
APPELLANT/PETITIOINER/ACCUSED:
FAVAS M.P, AGED 26 YEARS, S/O.HAMZA,
MAKKATTUPARAMBIL HOUSE, FAROOK COLLEGE P.O,
KOZHIKODE DISTRICT, PIN - 673632.
BY ADVS.
P.VENUGOPAL
SRILAKSHMI T.S.
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 STATION HOUSE OFFICER, VAZHAKKAD POLICE STATION,
VAZHAKKAD P.O,
MALAPPURAM DISTRICT, PIN - 673640.
3 BALAN P.M, AGED 51 YEARS, S/O.KRISHNAN,
PADINHARAYIL MEETHAL HOUSE,
KUNNATHARA ULLYERI P.O,
KOZHIKODE DISTRICT, PIN - 673620.
BY ADV. SRI.E.C.BINEESH, LEARNED PUBLIC
PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.A.No.692 of 2024
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O R D E R
Dated, this the 16th April, 2024 Heard the learned Public Prosecutor and the learned counsel for the appellant.
2. Learned Public Prosecutor would submit that the defacto complainant was served with notice through the S.H.O. A copy of the same, which contains the endorsement of the defacto complainant has been handed over.
3. The appellant is the accused in Crime No.60/2024 of Vazhakkad police station. The offences alleged are under Section 306, read with Section 34 of Indian Penal Code, and also, under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
4. The allegation is that the appellant, who was having an affair with the deceased, a member of the scheduled caste, ignored her Crl.A.No.692 of 2024
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and decided to marry another girl. The deceased informed the proposed girl about the affair, whereupon the appellant threatened the deceased. The father of the petitioner, as also, the father of the proposed girl met the deceased at her house and they also threatened her. Due to mental stress and fear, the deceased committed suicide. The accused person had thus abetted the suicide of the victim.
5. Having heard the learned counsel appearing for the appellant, as also, the learned Public Prosecutor, this Court notice that the appellant has been in the custody for the past 65 days, from 12.02.2024, namely the date of his arrest. The purpose of interrogation would have been amply served by this time. This Court therefore finds no reason to incarcerate the appellant any more. Crl.A.No.692 of 2024
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6. In the circumstances, this Crl.Appeal is allowed and the appellant is directed to be enlarged on bail, subject to the following conditions:
i) The appellant shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties, each for the like sum to the satisfaction of the trial court.
ii) The appellant shall appear before the Investigating Officer once in two weeks, on alternate Saturdays, for a period of one month and thereafter, as and when required by the Investigating Officer to do so in writing.
iii) The appellant shall not intimidate or influence the witnesses. Nor he shall tamper with the evidence.
iv) The appellant shall not indulge any similar crime while released on bail.
v) The appellant shall fully co-operate with the investigation.
Sd/-
C.JAYACHANDRAN, JUDGE ww Crl.A.No.692 of 2024
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APPENDIX OF CRL.A 692/2024 PETITIONER'S ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE ORDER DATED 24-02-2024 PASSED BY THE SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI IN CRL. MISC. PETITION NO:162/2024.
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 19-03-2024 PASSED BY THE SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI IN CRL. MISC. PETITION NO:271/2024. ANNEXURE 3 CERTIFIED COPY OF THE ORDER DATED 02-04- 2024 PASSED BY THE SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI IN CRL. MISC. PETITION NO:339/2024.