Binoy vs State Of Kerala
2021 Latest Caselaw 12147 Ker

Citation : 2021 Latest Caselaw 12147 Ker
Judgement Date : 20 April, 2021

Kerala High Court

Binoy vs State Of Kerala on 20 April, 2021

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR. JUSTICE K.HARIPAL

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                       CRL.A.No.292 OF 2021

 AGAINST THE ORDER IN CRL.M.C NO.653/2021 AND CRL.M.C.NO.662/2021
                   OF SESSIONS COURT, ERNAKULAM

   CRIME NO.90/2021 OF KURUPPAMPADY POLICE STATION , ERNAKULAM


APPELLANTS/PETITIONERS/ACCUSED:

      1      BINOY,
             AGED 27 YEARS,
             S/O.ABRAHAM,
             PADIKAKUDY HOUSE,
             KOMBANADU P.O.,
             KURUPPAMPADY,
             ERNAKULAM DISTRICT,
             PIN-683 544.

      2      AKHIL,
             AGED 23 YEARS,
             S/O.ELDHOSE,
             MALIKKUDY HOUSE,
             CHOORAMUDY KARA,
             KOMBANADU VILLAGE,
             ERNAKULAM DISTRICT,
             PIN-683 544.

      3      SATHISH,
             AGED 24 YEARS,
             S/O.SURESH,
             KANJIRATHUMKUDY HOUE,
             CHOORAMUDY KARA,
             KOMBANADU VILLAGE,
             ERNAKULAM DISTRICT,
             PIN-683 544.

             BY ADV. SRI.K.A.ANISH

RESPONDENTS/DEFACTO COMPLAINANT:

      1      STATE OF KERALA,
             REPRESENTED BY THE SHO,
             KURUPPAMPADY POLICE STATION THROUGH THE PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA,
 CRL.A.No.292 OF 2021

                              2

             ERNAKULAM-682 031.

      2      SINJO,
             AGED 29 YEARS,
             S/O.THANKAPPAN,
             KANJIRATHUMKUDY HOUSE,
             KOMBANAD VILLAGE, CHOORAMUDY,
             ERNAKULAM,
             PIN-683 544.

      3      THANKAPPAN,
             AGED 58 YEARS,
             S/O.AYYAPPAN,
             KANJIRATHUMKUDY HOUSE,
             KOMBANAD VILLAGE, CHOORAMUDY,
             ERNAKULAM,
             PIN-683 544.

      4      SHAHUL V.K.
             AGED 29 YEARS,
             S/O.KUNJU.V.K.,
             VENTHURUTHY HOUSE,
             KOMBANAD VILLAGE,
             CHOORAMUDY,
             ERNAKULAM,
             PIN-683 544.

             R2-4 BY ADV. PRAMOJ ABRAHAM

OTHER PRESENT:

             SR.PP - SRI. K.B.UDAYAKUMAR

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A.No.292 OF 2021

                                   3




                            JUDGMENT

Dated this the 20th day of April, 2021

This is an appeal preferred under Section 14A(2) of the

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,

1989, moved by the accused in Crime No.90/2021of Kuruppampady

Police Station, which was registered on the basis of the First

Information Statement given by the 2nd respondent, alleging offence

punishable under Sections 447, 294(b), 323, 324 and 307 read with

Section 34 of the IPC, Section 27 of the Arms Act and Section 3(2)(v) of

the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)

Act.

2. It is submitted that the 1st petitioner was arrested on

24.03.2021 and petitioners 2 and 3 were arrested on 12.02.2021

respectively. The applications for bail moved by them before the

Special Court stands dismissed by Annexure- A1 and A2 orders, which

are impugned in this appeal.

3. I heard the learned counsel appearing for the petitioners, CRL.A.No.292 OF 2021

learned Senior Public Prosecutor and also the counsel appearing for the

2nd respondent. Now, the 2nd respondent has filed an affidavit stating that

the matter has been settled and that he has no objection in granting bail

to the petitioners.

4. The 1st petitioner is in judicial custody for the last 28 days

and other petitioners are under detention for nearly 66 days. The

investigation must have been progressed considerably. Moreover, the

defacto complainant has turned up and apprised his no objection in

granting bail to the petitioners.

5. In the circumstances, the petitioners shall be released on bail,

subject to the following conditions:-

i) The petitioners shall execute a bond for Rs.50,000/-

(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the trial court;

ii) They shall not try to contact or influence the witnesses or tamper with the evidence;

iii) Petitioners shall not leave India without permission of the jurisdictional Court;

iv) They shall appear before the committal/trial court as and when required;

v) The petitioners shall strictly follow the various CRL.A.No.292 OF 2021

guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.