Muhammed Naseef vs State Of Kerala
2021 Latest Caselaw 20692 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                    THE HONOURABLE MRS. JUSTICE MARY JOSEPH

            TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

                             CRL.A NO. 653 OF 2021

AGAINST THE ORDER DATED 24.09.2021 IN CRL.MISCELLANEOUS PETITION NO.919/2021 IN

  S.C.NO.117/2020 OF THE SPECIAL COURT FOR SC/ST (POA) ACT AND NDPS ACT CASES,

                                    MANJERI

APPELLANT/PETITIONER:

             MUHAMMED NASEEF,
             AGED 31,
             S/O.MUHAMMED HANEEFA, THENAMOOCHIKKAL HOUSE,
             THAZHEKKODE, KARINKALLATHANI,
             PERINTHALMANNA TALUK,
             MALAPPURAM DISTRICT-679 322.
             BY ADV SRI.C.M.KAMMAPPU


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

     2       STATION HOUSE OFFICER,
             PERINTHALMANNA POLICE STATION, MALAPPURAM-679 322.

     3       XXX

             RI & R2 BY SMT. T.V.NEEMA, SR.PUBLIC PROSECUTOR



      THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.653 of 2021

                                      2


                               JUDGMENT

Dated this the 05th day of October, 2021

This appeal is directed against an order passed by Special

Court for SC/ST (POA) Act and NDPS Act cases, Manjeri (for

short 'the court below') in Criminal Miscellaneous Petition

No.919/2021 in S.C.No.117/2020. Crime No.443/2019 was

registered by Perinthalmanna Police against the appellant

alleging commission of offences punishable under Sections 366,

376 (2) (n) of Indian Penal Code (for short 'IPC') and Section

3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act, 1989 (for short 'the SC/ST (POA) Act'). The

appellant was absconding during investigation and thereby

caused issuance of LOC against him. In the meantime the final

report was filed against him and was taken on file and

registered by the court below as S.C.No.117/2020.

2. The appellant arrived at Calicut Airport on

21.09.2021 and in view of the LOC issued, he was detained at

the Calicut Airport and his arrival was intimated to Crl.Appeal No.653 of 2021

Perinthalmanna Police station. The police of Perinthalmanna

Police Station arrested him at 11.30 hours on 21.09.2021. He

was remanded to judicial custody on the very same day. He

has filed an application as Crl.Miscellaneous Petition

No.919/2021 seeking regular bail. The bail application was

dismissed by the court below for the reason that further

investigation is ordered at the instance of the investigating

officer and that is going on. The court below has also found

the gravity of the offence as a reason for dismissing the

application.

3. The learned Public Prosecutor has filed a report

stating that the investigation is already completed and final

report is laid. The appellant was arrested only thereafter.

According to him if he is released on bail, he would influence

the witnesses, destroy the evidences and would not be available

for trial. Thus the appeal was vehemently opposed by the

learned Public Prosecutor.

4. This Court finds that the appellant was absent all

throughout the investigation and he landed at hometown very Crl.Appeal No.653 of 2021

late on 21.09.2021. He was in custody since his arrest on

21.09.2021. Considering the facts that the accused did not

co-operate with the investigation and that the offences alleged

against him are serious, this Court is inclined to grant bail only

from a later date.

In the result, the appeal stands allowed and bail stands

granted to the appellant only with effect from 05.11.2021 on

execution of a bond for Rs.1,00,000/- (Rupees One Lakh only)

by him with two solvent sureties each for the likesum to the

satisfaction of the court below and subject to conditions as

hereinbelow mentioned:

1. The appellant shall appear before the Investigating Officer on all Mondays at 10 a.m., commencing from 08.11.2021 for a period of three months or till a report is filed after concluding the further investigation, which date is earlier.

2. If the appellant's passport is with him, he shall produce the same before the court below or shall file an affidavit stating the reasons within a period of one week from the date on which his release is ordered.

3. The appellant shall make himself available for Crl.Appeal No.653 of 2021

interrogation by the investigating officer as part of further investigation.

4. The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the person from disclosing such facts to the Court or to any Police Officer.

5. The appellant shall co-operate with the proceedings during trial before the court below without failure.

6. The appellant shall not tamper with the evidence or influence the witnesses.

7. The appellant shall not involve in any offence while on bail.

In case of violation of any of the above conditions, the

court below is empowered to consider application for

cancellation of bail, if any, filed by the authority concerned

alleging violations of any of the conditions imposed as above

and pass appropriate orders on being convinced of the

violations alleged, in accordance with law.

Sd/-

MARY JOSEPH JUDGE NAB