Bowman @ Shaji vs State Of Kerala
2021 Latest Caselaw 19139 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                         CRL.A NO. 596 OF 2021
   CRIME NO.556/2021 OF Patatanakkad Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT IN CRMP 1630/2021 OF THE SPECIAL COURT
   UNDER THE SCHEDULED    CASTES AND SCHEDULED TRIBES (POA) ACT,
                                ALAPPUZHA
APPELLANT/PETITIONER/ACCUSED:

            BOWMAN @ SHAJI
            AGED 45 YEARS
            S/O. RAJAN, POOPPATHICHIRA, PATTANAKKAD PANCHAYATH,
            WARD NO.8, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA
            DISTRICT-682 529

            BY ADV G.PRIYADARSAN THAMPI



RESPONDENTS/RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM-682031
            (REPRESENTING DYSP OF POLICE, CHERTHALA)

    2       SHAJI.T.N.,
            AGED 52 YEARS
            S/O. THANKAPPAN, BHAGAVATHIKKAL LAKSHAM VEEDU,
            PATTANKKAD P.O., WARD NO.9,PATTANAKKAD PANCHAYATH,
            CHERTHALA, ALAPPUZHA DISTRICT-682 529

            R1 BY ADV. DENNY DEVASSY, PUBLIC PROSECUTOR


     THIS   CRIMINAL   APPEAL   HAVING      COME   UP   FOR   ADMISSION   ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  CRL.A NO. 596 OF 2021
                                2



                            JUDGMENT

Earlier application for regular bail was

rejected by the trial court. The appeal

preferred was dismissed on account of eleven

bad antecedents reported against the

petitioner under Ext.A3. The offences alleged

are under Sections 341, 323, 324, 294(b) IPC

and Sections 3(1)(s) & 3(2)(va) of the

Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act. The accused

was arrested on 09.07.2021 and is under

custody for the last 65 days.

2. The learned counsel for the appellant

fairly submitted that, in the event of grant

of regular bail, the accused will not enter

into the jurisdictional area wherein the

alleged crime was committed, i.e., within the

jurisdiction of Pattanakkad Police Station. CRL.A NO. 596 OF 2021

Final report was also submitted. Since he is

under judicial custody for the last 65 days,

further detention will not serve any purpose.

Hence, the regular bail is granted subject to

the following conditions:

i) The petitioner shall execute a bond

for Rs.1,00,000/- (Rupees one lakh

only) with two solvent sureties

each for the like sum to the

satisfaction of the learned

Sessions Judge within three weeks

from today and the learned Sessions

Judge shall insist for production

of solvency certificate from the

sureties or title deeds of the

property,if any;

ii) The petitioner shall not involve in

any such offence during the period CRL.A NO. 596 OF 2021

of bail;

iii) The petitioner shall not leave

State of Kerala without prior

permission of learned Sessions

Judge;

iv) The petitioner 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 them from

disclosing such facts to the court

or to any police officer or tamper

with the evidence;

v) If any of the above conditions are

violated by the petitioner, the

bail granted will stand terminated.

In that event, the investigating

officer will be at liberty to apply CRL.A NO. 596 OF 2021

for the cancellation of bail before

the Sessions Court.

The Crl. Appeal is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV CRL.A NO. 596 OF 2021

APPENDIX OF CRL.A 596/2021

PETITIONER'S ANNEXURE

ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.556/2021 OF PATTANAKKAD POLICE STATION

ANNEXURE 2 TRUE COPY OF ORDER DATED 23.7.2021 IN CRL.M.P.NO.1377/2021 OF SESSIONS COURT, ALAPPUZHA

ANNEXURE 3 TRUE COPY OF THE ORDER DATED 29.7.2021 IN CRL.APPEAL NO.494/2021 OF THIS HON'BLE COURT

ANNEXURE 4 CERTIFIED COPY OF ORDER DATED 25.8.2021 IN CRL.M.P. NO.1630/2021 OF SESSIONS COURT,ALAPPUZHA

RESPONDENTS' ANNEXURE: NIL

//TRUE COPY//

PA TO JUDGE