Girish Kumar.G vs State Of Kerala
2021 Latest Caselaw 22170 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH

         FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943

                           CRL.A NO. 726 OF 2021

 AGAINST THE ORDER DATED 29.09.2021 IN CRL.MP NO.1422/2021 OF SESSIONS

  COURT, KOTTAYAM IN CRIME NO.1464/2021 OF CHINGAVANAM POLICE STATION

APPELLANTS/PETITIONERS/ACCUSED 1 & 2

     1       GIRISH KUMAR.G.,
             AGED 35 YEARS,
             AJAYA NIVAS (THAKADIYIL), THAIPARAMUKARA, MANDIRAM,
             PALLAM P.O, KOTTAYAM, PIN-686 007.

     2       REMYA GIRISH,
             AGED 28 YEARS,
             W/O. GIRISH KUMAR G, AJAYA NIVAS, (THAKADIYIL),
             THAIPARAMUKARA, MANDIRAM, PALLAM P.O, KOTTAYAM, PIN-686 007.

             BY ADV SRI. GIKKU JACOB


RESPONDENTS/STATE, INVESTIGATION OFFICERS & VICTIM

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

     2       DEPUTY SUPERINTENDENT OF POLICE,
             KANJIRAPPALLY, KANJIRAPPALLY P.O, KOTTAYAM-686 507

     3       STATION HOUSE OFFICER,
             CHINGAVANAM POLICE STATION, CHINGAVANAM P.O,
             KOTTAYAM - 686 531.

     4       STATION HOUSE OFFICER,
             MANARCADU POLICE STATION, MANARCADU P.O, KOTTAYAM -686 019

     5       M.K. THANKAMONI,
             AGED 54,
             W/O. GIREESHKUMAR, PRAVEEN BHAVAN,
             KAINADY P.O, ALAPPUZHA-686 534



             R1 TO R4 BY PUBLIC PROSECUTOR SRI M.P. PRASANTH



THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05.11.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.726 of 2021

                                   2

                            JUDGMENT

Dated this the 5th day of November, 2021

Service of notice as against 5 th respondent is not complete.

However, based on the submission made by the learned Public

Prosecutor that the investigation so far held discloses the case

as a false one, this Court proceeds to dispose of this appeal

without issuing notice to respondent No.5.

2. This Appeal is originated from an order passed by

Court of Sessions, Kottayam in an application filed by the

appellants, who are husband and wife as Crl.M.P.No.1422/2021

seeking for pre-arrest bail. The offences allegedly committed by

them are punishable under Sections 294 (b) read with Section

34 of the Indian Penal Code (for short 'the IPC') and Section

3(1)(s) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2015 (for short, the

SC/ST (POA) Amendment Act).

3. The allegation of the prosecution was that about 15

years back, the complainant aged 39 years then contacted the

1st accused who was aged 20 years, an astrologer by profession Crl.Appeal No.726 of 2021

for conduct of some poojas at her home. The 1st accused had

fallen in love with her and resided together as husband and wife

in various places at Kottayam and Ernakulam Districts. The

complainant raised a demand to marry her, but was refused by

the 1st accused. The 1st accused had borrowed Rs.5,00,000/- and

ten sovereigns of gold ornaments from the complainant. In the

year 2014, he left the company of complainant. Thereafter

efforts made by the complainant to contact him failed. Later, it

was learnt from the complainant that he married the 2nd

accused. Thereafter the complainant resided alongwith the 1 st

and 2nd accused at their house for two months. While staying

together, a gold chain was obtained by the 1 st and 2nd accused

from the complainant and was sold. It was alleged that when

the 1st accused was contacted over phone, he abused her by

calling her caste name. When she went to the house of the

accused on 10.07.2021, accused Nos.1 and 2 blocked her from

entering into the house. The 2nd accused also abused the

complainant by calling her caste name. When the gold and

money were demanded back the 1st accused also abused her and

called her caste name. Allegations were raised by the

complainant then before the Police in the form of FIS and that Crl.Appeal No.726 of 2021

resulted in the registration of the crime in question. Pre-arrest

bail was sought in the crime by filing Crl.M.P.No.1422/2021, but

it was dismissed by the court below stating that it is

disempowered to exercise jurisdiction under Section 438 Cr.P.C.,

inview of the bar under Sections 18 and 18 A(2) of the SC/ST

(POA) Amendment Act.

4. Sri.M.P.Prasanth, the learned Public Prosecutor on

instructions obtained from the Investigating Officer submitted

orally that investigation is almost completed and it was revealed

during the course of investigation that the factual matters that

led to the registration of the crime are false ones.

5. In the above circumstances, this Court is inclined to

record that the allegations against the appellants being false,

there is absolutely no requirement to arrest them.

The Criminal Appeal stands disposed of recording the above

factum.

Sd/-

MARY JOSEPH JUDGE MJL