Praveen Vijayan vs State Of Kerala
2021 Latest Caselaw 13942 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
      TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                      CRL.A NO. 439 OF 2021

     AGAINST THE ORDER DATED 17.06.2021 IN CRL.M.P TEMPERORY
NO.247/2021 ON THE FILE OF THE COURT OF SESSION, KOTTAYAM IN CRIME
       NO.480/2021 OF KADUTHURUTHI POLICE STATION, KOTTAYAM


APPELLANT/ACCUSED:

          PRAVEEN VIJAYAN
          AGED 40 YEARS
          S/O. VIJAYAN, KALANGOTTIL HOUSE, VELLASSERY KARA,
          KADUTHURUTHY P.O., KOTTAYAM DISTRICT.

          BY ADV P.M.ZIRAJ



RESPONDENTS/ COMPLAINANT:

        1 STATE OF KERALA
          REPRESETED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
          OF KERALA AT ERNAKULAM - 682031

           THE DEPUTY SUPERINTENDENT OF POLICE, VAIKOM POLICE
         2 STATION IN CRIM NO.480/2021 OF KADUTHURUTHY POLICE
           STATION, KOTTAYAM DISTRICT - 686604

        3 MANJU RAJESH, W/O. RAJESH, AGED 36 YEARS,
          KALANGOTTKALAYIL HOUSE, VELLASSERY, KADUTHURUTHY P.O.
          KOTTAYAM - 686 604

          R1 & R2 BY ADV.SRI E.C.BINEESH, PUBLIC PROSECUTOR

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION            ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 439 OF 2021
                              2



                        JUDGMENT

Heard the official respondents who appeared

through the learned Public Prosecutor.

2. Case and counter cases were registered in

connection with dispute of a pathway against the

petitioner and crime was registered including the

offence under Sections 294 (b), 354 and 323 IPC

r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the

Scheduled Caste and Scheduled Tribe (prevention of

Atrocities) Act. As such, the anticipatory bail

application was not entertained by the sessions

court, taking into account, the bar under Section

18A of the Special Enactment

3. It was submitted by the learned counsel

for the appellant that the allegations levelled

against the appellant are totally false and he had

sustained injury to his ear in connection with the

alleged incident, for which, counter case was also CRL.A NO. 439 OF 2021

registered.

The long delay in filling the F.I.R also

brought to the notice of this Court. But the bar

under Section 18A would come into play, when there

is prima facie pleadings attracting any of the

offence under the Special Enactment. Prima facie

there is nothing to interfere with the order of

the learned Sessions judge. But there will be a

direction to the learned sessions judge to

consider the regular bail application, if any

moved by the petitioner after his surrender within

a period of two weeks from today, taking into

account all attending circumstances. With that

observations, the Crl. Appeal is dismissed in

limine.

Sd/-

P.SOMARAJAN JUDGE SPV