Ansil K.B @ Ansal vs State Of Kerala
2021 Latest Caselaw 2131 Ker

  Crl.A.21/21                      1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

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

                          CRL.A.No.21 OF 2021

AGAINST THE ORDER/JUDGMENT IN CRMC 1389/2020 DATED 21-12-2020 OF
            DISTRICT COURT & SESSIONS COURT,THRISSUR

      CRIME NO.624/2020 OF ALOOR POLICE STATION , Thrissur


APPELLANT/S:

                ANSIL K.B @ ANSAL
                AGED 23 YEARS
                S/O. BABU, KANJIRAPARAMBIL HOUSE, KALLETTUMKARA
                P.O, KALLETTUMKARA P.O, KALLETTUMKARA DESOM,
                CHALAKUDY TALUK, THRISSUR DISTRICT

                BY ADVS.
                SHRI.PRABHU K.N.
                SHRI.MANUMON A.

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SHO, ALOOR POLICE STATION, THRISSUR
                DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT
                OF KERALA, ERNAKULAM 682 031

      2         SREEKANTH
                AGED 32 YEARS
                S/O. KRISHNANKUTTY, ALAPPURATH HOUSE, PORUNNANKUNNU
                DESOM, ALOOR VILLAGE, CHALAKUDY TALUK, THRISSUR PIN
                680 602

                R2 BY ADV. SHRI.SIJO V.K
                R1 BY PP.C.S.HRITHWIK

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
   Crl.A.21/21                           2




                                 V.G.ARUN, J.
                  -----------------------------------------------
                            CRL.A.No.21 of 2021
                  -----------------------------------------------
                Dated this the 19th day of January, 2021

                                 JUDGMENT

Appellant is the 2nd accused in Crime No.624 of 2020 of Aloor

Police Station, registered for the offences punishable under Sections

341, 323, 324, 308 and 427 read with 34 of IPC, Section 118(e) of the

Kerala Police Act, Sections 4(2)(a) and 5 of the Kerala Edidemic

Diseases Ordinance and Section 3(2)(va) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Amendment Act ('the Act',

for short). The crime is registered on the complaint of the 2 nd

respondent that, at about 2 p.m on 8.6.2020, he was beaten on his

head with an iron rod by the 1st accused and with a stick by the 2nd

accused. That, the other accused had beaten him with hands and had

kicked him.

2. The petitioner was arrested on 5.12.2020 and continues to be

in judicial custody. He moved an application for bail before the

Sessions Court which stands rejected vide the impugned order. Hence,

this appeal.

3. Learned counsel for the petitioner submitted that, even if the

allegations are accepted in their entirety, no offence under the Act is

made out. That, the petitioner having been in custody from 5.12.2020

onwards, his continued incarceration will serve no purpose. It was

pointed out that accused Nos.4 and 5 were granted anticipatory bail by

this Court.

4. Learned Public Prosecutor opposed the prayer for bail and

submitted that the Sessions Court had refused bail to the petitioner

finding him to be a hardened criminal involved in six other crimes.

5. Learned counsel for the 2nd respondent/de facto complainant

submitted that the dispute between the accused and the de facto

complainant, which had resulted in the incident leading to the

registration of the crime, has been resolved amicably and that the 2 nd

respondent has no objection in the petitioner being granted bail.

6. From the respective contentions it emerges that accused Nos.4

and 5 were granted anticipatory bail by this Court. The petitioner has

been in custody from 5.12.2020 onwards. Moreover, the dispute

between the petitioner and the de facto complainant is settled. In such

circumstances, bail cannot be refused for the mere fact that the

petitioner is involved in other crimes

In the result, the appeal is allowed. The order in Crl.M.C.No.1389

of 2020 is set aside. The petitioner is granted bail in Crime No.624 of

2020 of Aloor Police Station subject to the following conditions;

I) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty

thousand only) with two solvent sureties for the like sum to the

satisfaction of the Sessions Court.

II) The petitioner shall report before the investigating officer

between 10 a.m and 11 a.m on all Saturdays for a period of three

months or till the final report is filed, whichever is earlier.

III) The petitioner shall not get involved in any other offence.

IV) The petitioner shall not intimidate the de facto complainant

or the other witnesses.

Sd/-

V.G.ARUN, JUDGE

vgs