Petitioner/Accused No vs Respondent/Complainant & ...
2021 Latest Caselaw 6139 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                       CRL.A.No.931 OF 2020

 AGAINST THE ORDER/JUDGMENT IN CRMC 2123/2020 OF SESSIONS COURT,
                            ERNAKULAM

    CRIME NO.1060/2020 OF PUTHENCRUZ POLICE STATION, ERNAKULAM


APPELLANT:PETITIONER/ACCUSED NO.1

             MUHAMMED SHAFFI,
             AGED 50 YEARS, S/O.MANSOOR, VEZHAPPILLY HOUSE,
             CHEMPARAKKY, VAZHAKULAM (PO), KUNNATHUNADU TALUK,
             ERNAKULAM DISTRICT, PIN-686 670.

             BY ADVS.
             SRI.ANIL K.MOHAMMED
             SRI.M.M.ALIKUNJU
             SRI.V.S.MANSOOR
             SMT.BINU K.B.
             SMT.YADUKRISHNAN N.

RESPONDENTS:RESPONDENT/COMPLAINANT & DEFACTO COMPLAINANT

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

      2      XXX



             PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR


     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 19.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A.No.931 OF 2020                    2




                                 JUDGMENT

A crime was registered for the offences

under Sections 323, 324, 326, 354, 354B, 376(1),

307 and 114 IPC and Section 3(2)(v) of the

Scheduled Caste and Scheduled Tribe (Prevention of

Atrocities) Act. The victim is an old lady aged

75. Petitioner is accused No.1. He was

arrested on 4.8.2020. After investigation final

report was submitted for the said offences. Now

accused No.1 is under detention for the last

more than 200 days. Hence further detention is

not warranted. No reasons brought to the notice

of this Court so as to continue the detention

of accused No.1. Hence bail is granted, but

subject to conditions that :-

i. He shall execute a bond for

Rs.50,000/- (Rupees fifty thousand only)

with two solvent sureties each for the like

sum to the satisfaction of the Trial Court.

ii. He shall not leave the

jurisdiction of the Trial Court without any

prior permission and shall appear before

the court as and when directed without

failure.

iii. He shall not tamper with the

evidence involved in the case and shall not

induce directly or indirectly to the

witnesses involved in this case.

iv. He shall not enter into the

Village wherein the defacto complainant is

now residing till the culmination of the

trial.

Crl. Appeal is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A TRUE COPY OF COMMON ORDER DATED 19.11.2020 IN CRL.MC NO.2123/2020 OF SESSIONS COURT, ERNAKULAM.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE