Kerala High Court
Naveen vs The State Of Kerala on 27 May, 2021
Crl.Appeal.300/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943
CRL.A NO. 300 OF 2021
AGAINST THE ORDER/JUDGEMENT IN CRMP 230/2021 OF SPECIAL
COURT (ATROCITIES AGAINST SC/ST), MANJERI, MALAPPURAM
APPELLANT/PETITIONER/ACCUSED:
NAVEEN, AGED 22 YEARS
0
S/O. SUNDARAN, KURUPPAM VEETTIL, PURATHUR P.O,
TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADV K.RAKESH
RESPONDENT/RESPONDENT/STATE & VICTIM:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI PIN 682 031
2 XXX
VICTIM
OTHER PRESENT:
PP E.C BINEESH
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
27.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.Appeal.300/2021
2
JUDGMENT
Petitioner is the sole accused in Crime No.31 of 2021 of the
Perumbadappu Police Station for offences punishable under
sections 366, 376(I) of the Indian Penal Code and Section 3(2)(v) of
the SC/ST (POA) Amendment Act.
2. The crux of the prosecution allegation is that, on
23.03.2019 at about 9.30a.m., petitioner after promising to marry
the defacto complainant who belongs to SC community, committed
rape of her in April 2019. Thereafter, he failed to marry her. On
the basis of the complaint laid, crime was registered and in the
course of investigation, accused was arrested on 22.02.2021 and is
in custody since then. He filed Crl.M.P.No.230 of 2021 seeking bail
which was dismissed by the impugned order.
3. When the matter was taken up, it was submitted by the
learned counsel for the petitioner that the statutory period of 90
days has expired and to his information, final report has not been
laid. Learned Government Pleader was directed to get specific
instructions as to whether chargesheet has been laid within the
statutory time. Learned Government Pleader, on instructions, today
submitted that, he has been informed that final report has not been
laid even now. Respondent No.2 has not been served inspite of
Crl.Appeal.300/2021
service upon her.
4. Having considered the fact that final report has not been
filed on time, petitioner is entitled for statutory bail. Even
otherwise on facts, I feel that, petitioner is entitled for bail at this
point of time. Petitioner shall be released on bail subject to the
following conditions.
(i) Petitioner shall execute a bond for a sum
of Rs.50,000/- (Rupees fifty thousand only) with two
sureties for the like sum each to the satisfaction of
the jurisdictional Court.
(ii) He shall appear before the Investigating
Officer as and when called for.
(iii) He shall not threaten, coerce or
intimidate the de facto complainant nor shall he
interfere in the process of investigation.
Criminal appeal is allowed as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
