Binoy vs State Of Kerala
2021 Latest Caselaw 12148 Ker

             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.293 OF 2021

 AGAINST THE ORDER IN CRL.M.C.NO.654/2021 AND CRL.M.C.NO.661/2021
                  OF SESSIONS COURT, ERNAKULAM IN

          CRIME NO.96/2021 OF KURUPPAMPADY POLICE STATION


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 HOUSE,
             CHOORAMUDY KARA,
             KOMBANADU VILLAGE,
             ERNAKULAM DISTRICT,
             PIN - 683 544.

             BY ADV. SRI.K.A.ANISH

RESPONDENTS/STATE OF KERALA/DEFACTO COMPLAINANT:

      1      STATE OF KERALA,
             REPRESENTED BY THE SHO,
             KURUPPAMPADY POLICE STATION THROUGH THE PUBLIC
             PROSECUTOR,
 CRL.A.No.293 OF 2021

                               2

             HIGH COURT OF KERALA,
             ERNAKULAM - 682 031.

      2      AJITH SUBRAMANYAN,
             AGED 21 YEARS,
             S/O.SUBRAMANYAN,
             KAIPALLYKUDY HOUSE,
             KOMBANAD VILLAGE,
             CHOORAMUDY,
             ERNAKULAM,
             PIN - 683 544.

             R2 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.293 OF 2021

                                     3




                             JUDGMENT

Dated this the 20th day of April, 2021

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

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

1989, by accused in Crime No.96/2021 of Kuruppampady Police

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

Statement given by the 2nd respondent, alleging offence punishable

under Sections 341, 324 and 294(b) read with Section 34 of the IPC,

Section 24 of the Arms Act and Section 3(2)(va) of the Scheduled

Castes & Scheduled Tribes (Prevention of Atrocities) Act.

2. The petitioners were arrested for the case, 1 st petitioner on

24.03.2021 and petitioners 2 and 3 on 12.02.2021 respectively. The

applications for regular 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,

learned Senior Public Prosecutor and also the counsel appearing for the

2nd respondent. Now, the 2nd respondent has filed an affidavit stating CRL.A.No.293 OF 2021

that the matter has been settled between the parties and that he has no

objection in granting bail to the petitioners. It is also noticed that in a

similar matter, ie, Crl.A.292/2021, this Court has granted bail to the

petitioners , who are accused in Crime No.90/2021.

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

and other petitioners are in custody for nearly 66 days. By this time,

investigation must have been progressed considerably. In the

circumstances, having regard to the progress of investigation and also

taking into account the affidavit filed by the defacto complainant that

the matter has been settled between them, there is no legal impediment

in granting bail to the petitioners.

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

bail, on 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 CRL.A.No.293 OF 2021

as and when required;

v) The petitioners shall strictly follow the various 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. This Crl.Appeal is allowed, as above.

Sd/-

K.HARIPAL JUDGE

NR/20/04/2021 CRL.A.No.293 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE ORDER IN CRL.M.C.NO.654/2021 OF SESSIONS COURT, ERNAKULAM DATED 30/03/2021.

ANNEXURE A2 CERTIFIED COPY OF THE ORDER IN CRL.M.C.NO.661/2021 OF SESSIONS COURT, ERNAKULAM DATED 31/02/2021.

ANNEXURE A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

//TRUE COPY// PA TO JUDGE