Sabin C. Baby vs State
2021 Latest Caselaw 11871 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                      CRL.A.No.225 OF 2021

  AGAINST THE ORDER/JUDGMENT IN CRMC 273/2021 OF SESSIONS
                     COURT, KOZHIKODE

APPELLANT/S:
               SABIN C. BABY,
               AGED 33 YEARS,
               S/o.C.A BABY, CHILAMBIKUNNEL HOUSE,
               KANNADIMUKKU, POOLODE P.O, ENGAPUZHA,
               KATTIPPARA PANCHAYATH, THAMARASSERY THALUK,
               KOZHIKODE DISTRICT PIN 673 573

               BY ADV. SRI.SINU.G.NATH

RESPONDENT/S:
      1     STATE,
            REPRESENTED BY DEPUTY SUPEERINTENDENT OF
            POLICE, THAMARASSERY, KOZHIKODE RURAL BY PUBLIC
            PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
            KOCHI 682 031

      2        ADDL.R2 MRS.SUPRIYA, AGED 40 YEARS,
               W/O LATE. REJI, KUNNAPPOYIL KUNNU, PULOODU,
               PUDUPPADI P.O, KAKKADU B.O, THAMARASSERY,
               KOZHIKODE DIST. PIN-673586.

      3        ADDL.R3 JINEESH MON,
               AGED 26 YEARS,
               S/O SANTHOSH, PUZHAMPALIYIL HOUSE, VENAKKAVU,
               PUDUPPADI P.O, THAMARASSERY, KOZHIKODE RURAL,
               KERALA, PIN-673586.

               ADDL.R2 AND R3 IMPLEADED AS PER ORDER DATED
               30.3.2021 IN CRL.MA 1/2021.

OTHER PRESENT:
            SMT. M. K. PUSHPALATHA, SR.PP

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.Appl.No.225 of 2021



                               -2-



                          JUDGMENT

The appellant is the accused in Crime

No.1174/2020 of Thamarassery Police Station

registered for the offences punishable under

Sections 302 and 307 IPC and Section 3(2)

(v) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act.

2. The prosecution allegation is

that on 20.12.2020 at 5.10 p.m., the

appellant, who is not a member of the

Scheduled Caste/Scheduled Tribe, stabbed the

deceased, who was a member of the Scheduled

Caste, with the intention to kill him and as

a consequence, he succumbed to the injuries

on the same day. In the incident, the Crl.Appl.No.225 of 2021

nephew of the deceased also sustained

injuries on his left shoulder when he tried

to intervene.

3. The appellant was arrested on

21.12.2020 and ever since he has been in

custody.

4. Heard.

5. The learned Senior Public

Prosecutor has no serious objection in

granting bail to the appellant.

6. It has been submitted by the

learned Senior Public Prosecutor that the

final report had been already filed by the

police after completing the investigation.

It appears that the court below had Crl.Appl.No.225 of 2021

dismissed the application mainly on the

reason that the investigation was not

complete. Now the investigation is over and

the final report had been already filed.

The appellant is not involved in any other

offence, submitted by the learned Senior

Public Prosecutor.

7. Considering the facts and

circumstances of the case, including the

fact that the appellant is a first time

offender and also taking into consideration

of the fact that the final report had been

already filed, I am of the view that the

further detention of the appellant is not

necessary in this case.

Crl.Appl.No.225 of 2021

In the result, this Criminal Appeal

stands allowed setting aside the order

impugned and the court below is directed to

release the appellant on bail on his

executing a bond for Rs.40,000/- (Rupees

Forty thousand only) with two solvent

sureties, each for the like sum to the

satisfaction of the court below and subject

to the following further conditions:-

(i) The appellant shall not intimidate or influence the witnesses, who are likely to give evidence before the court.

(ii) The appellant shall co- operate with the trial.

Crl.Appl.No.225 of 2021

(iii) The appellant shall not get involved in any other offence during the pendency of this case.

sd/-

B. SUDHEENDRA KUMAR, JUDGE STK