P. Yatheendradas vs State Of Kerala
2021 Latest Caselaw 1982 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       CRL.A.No.841 OF 2020

 AGAINST THE ORDER/JUDGMENT IN CRMC 1006/2020 DATED 28-10-2020 OF
             DISTRICT COURT & SESSIONS COURT,THRISSUR

    CRIME NO.1699/2020 OF Chavakkad Police Station , Thrissur


APPELLANTS/PETITIONERS/ ACCUSED NOS.1 TO 4:

      1      P. YATHEENDRADAS,
             AGED 59 YEARS
             S/O.VELAYUDHAN, PONNARASSERI HOUSE, PUNNA DESOM,
             MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR,
             PIN - 680 506.

      2      LEENA
             AGED 54 YEARS
             W/O.P.YATHEENDRADAS, PONNARASSERI HOUSE, PUNNA DESOM,
             MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR,
             PIN- 680 506.

      3      BHAGAT DAS
             AGED 27 YEARS
             S/O.P.YATHEENDRADAS, PONNARASSERI HOUSE, PUNNA DESOM,
             MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR,
             PIN - 680506.

      4      CIBIL DAS
             AGED 23 YEARS
             S/O.P.YATHEENDRADAS, PONNARASSERI HOUSE, PUNNA DESOM,
             MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR,
             PIN - 680 506.

             BY ADVS.
             SRI.P.VIJAYA BHANU (SR.)
             SRI.M.REVIKRISHNAN
             SRI.AJEESH K.SASI
             SRI.P.M.RAFIQ
             SRI.THOMAS J.ANAKKALLUNKAL
             SRI.V.C.SARATH
             SRI.VIPIN NARAYAN
             SMT.POOJA PANKAJ
             SRUTHY N. BHAT
             SHRI.ABEL TOM BENNY
             SMT.KIRAN ANTONY
      CRL.A.No.841 OF 2020

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RESPONDENTS/RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

      2       HIMA MANOJ
              AGED 34 YEARS, W/O.MANOJ, PERINGADAN VEEDU,
              MUTHUVATTOOR DESOM, MUTHUVATTOOR P.O.,
              CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680 506.


              P.P.SMT.M.N.MAYA
              R2 BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL

     THIS  CRIMINAL   APPEAL   HAVING  BEEN   FINALLY  HEARD   ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A.No.841 OF 2020

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                            JUDGMENT

The crime was registered on the allegation of

offence under Sections 323, 324, 354, 354A, 354A(1)

(i), 354A(1)(iv), 509, 294(b), 34 IPC and under

Sections 3(1)(s)& 3(2)(va) of the Scheduled Caste

and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 (as amended by Act 1 of 2019). The

defacto complainant submitted an affidavit stating

that they have settled the matter amicably.

2. It is submitted by the learned counsel for

the petitioner that, even otherwise the allegation

levelled against would not attract any of the

offences under the Scheduled Caste and Scheduled

Tribes (Prevention of Atrocities) Act, 1989

(herein after referred as "SC/ST Act). The fact

that the matter has been settled between the

parties and an affidavit sworn by the defacto

complainant produced before this Court would prima CRL.A.No.841 OF 2020

facie show that there is no material to attract any

of the offences alleged under the SC/ST Act and as

such, Section 18A has no application in the case.

The offences alleged are minor in nature. As such,

the anticipatory bail is granted to the petitioners

on executing bond for Rs.20,000/- each with two

solvent sureties each for the like sum. Bail bond

shall be executed within one month from today.

Granting of bail will be subject to the following

conditions:-

1. The petitioners shall not in anyway induce directly or indirectly any of the witnesses involved in the case including the defacto complainant.

2. The petitioners shall not unleash any threat or coercion against them directly or indirectly.

3. The petitioners shall appear before the Investigating Officer as and when required.

4. They shall not leave the state of CRL.A.No.841 OF 2020

Kerala without prior permission from the concerned Special Court.

The criminal appeal is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE SPV CRL.A.No.841 OF 2020

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A TRUE COPY OF THE ORDER DATED 15/10/2018 IN CRL.M.C.NO.1390 OF 2018 PASSED BY THE COURT OF SESSIONS JUDGE, THRISSUR.

ANNEXURE B TRUE COPY OF THE F.I.R. IN CRIME NO.952/2017 OF CHAVAKKAD POLICE STATION,THRISSUR DISTRICT ALONG WITH THE FIRST INFORMATION STATEMENT GIVEN BY THE DEFACTO COMPLAINANT IN THE INSTANT CRIME.

ANNEXURE C TRUE COPY OF THE F.I.R IN CRIME NO.1958/2014 OF CHAVAKKAD POLICE STATION, THRISSUR DISTRICT ALONG WITH THE COMPLAINT PREFERRED BY THE 2ND RESPONDENT BEFORE THE JURISDICTIONAL MAGISTRATE.

ANNEXURE D TRUE COPY OF THE F.I.R. IN CRIME NO.1700/2020 OF CHAVAKKAD POLICE STATION, THRISSUR DISTRICT.

ANNEXURE E TRUE COPY OF THE F.I.R. IN THE INSTANT CRIME I.E. CRIME NO.1699/2020 OF CHAVAKKAD POLICE STATION, THRISSUR DISTRICT ALONG WITH THE FIRST INFORMATION STATEMENT GIVEN BY THE DEFACTO COMPLAINANT.

ANNEXURE F TRUE COPY OF THE F.I.R. IN CRIME NO.487/2020 OF CHAVAKKAD POLICE STATION, THRISSUR DISTRICT.

ANNEXURE G TRUE COPY OF THE ORDER DATED 28/10/2020 IN CRL.M.C.NO.1006 OF 2020 PASSED BY THE COURT OF THE SESSIONS JUDGE, THRISSUR.

CRL.A.No.841 OF 2020

ANNEXURE G THE AFFIDAVIT SWORN IN BY THE RESPONDENT NO.2/DEFACTO COMPLAINANT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE