Kerala High Court
M.K. Hariharan vs State Of Kerala on 4 April, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
CRL.A NO. 621 OF 2024
CRIME NO.77/2024 OF Hill Palace Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.397 OF 2024 OF
ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM
APPELLANT:
M.K. HARIHARAN
AGED 70 YEARS
MARIYEL HOUSE, IRUMBANAM, SHAPPUPADY THIRUVAMKULAM,
ERNAKULAM, PIN - 682023
BY ADVS.
M.A.JOSEPH MANAVALAN
JOSEPH C.J.
RESPONDENT:
STATE OF KERALA
THROUGH SUB INSPECTOR OF POLICE, HILL PALACE POLICE
STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, PIN - 682031
SRI.G.SUDHEER.P.P
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO. 621 OF 2024
2
K.BABU, J.
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Crl.A.No.621 of 2024
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Dated this the 4th day of April, 2024
JUDGMENT
This is an appeal filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The challenge in this appeal is to the order dated 13.02.2024 in Crl.M.C. No.397 of 2024 passed by the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ernakulam Division.
2. The appellant is the accused in Crime No.77 of 2024 of Hill Palace Police Station, Ernakulam. He is alleged to have committed offences punishable under Section 302 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'the Act').
The prosecution case:
3. The appellant is not a member of Scheduled Caste or CRL.A NO. 621 OF 2024 3 Scheduled Tribe. He is running a textile shop near Irumpanam junction. The deceased who belongs to Scheduled Caste visited the textile shop on 12.01.2024 at about 3.45 p.m. The appellant intentionally inflicted a cut injury on the head of the deceased using a chopper. The deceased succumbed to the injuries.
4. Notice was served to the son of the deceased. He appeared in person and submitted that if the petitioner is released on bail there is possibility that he would physically attack him.
5. Heard the learned counsel for the appellant and the learned Public Prosecutor.
6. The learned counsel for the appellant submitted that the appellant is innocent of the allegations. It is submitted that at the time of occurrence the deceased was in a drunken condition. The deceased entered the textile shop of the appellant and snatched away the cash box. The appellant restrained the deceased from taking away the cash box. A scuffle occurred. The appellant had no intention to commit the CRL.A NO. 621 OF 2024 4 alleged acts.
7. The appellant is aged seventy years. He was arrested on 12.01.2024 and has been in judicial custody since then. The learned Public Prosecutor submitted that the investigation is over and the final report has already been filed. The prosecution has no case that further detention of the appellant is required. There is no material to substantiate the apprehension raised by the son of the deceased.
8. Having considered the entire circumstances, including the age of the appellant, the stage of investigation and the tenure of the judicial custody undergone by him, I feel that the appellant is entitled to be released on bail . In the result,
(i) The Criminal Appeal is allowed.
(ii) The order dated 13.02.2024 dismissing Crl.M.C No.397 of 2024 stands set aside.
(iii) The appellant shall be released on bail on his executing bond for Rs.1,00,000/- (Rupees One CRL.A NO. 621 OF 2024 5 Lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.
(iv) The appellant shall not maintain any contact with the witnesses or threaten them.
Sd/-
K. BABU JUDGE saap CRL.A NO. 621 OF 2024 6 APPENDIX OF CRL.A 621/2024 PETITIONER ANNEXURES Annexure 1 COPY OF THE ORDER PASSED IN CRLMC NO 397/2024 SESSIONS COURT ERNAKULAM DATED 13- 2-2024 Annexure 2 CERTIFIED COPY OF THE ORDER PASSED IN CRLMC NO 703/2024 SESSIONS COURT ERNAKULAM DATED 12-3-2024