Sidhik vs State Of Kerala
2021 Latest Caselaw 20331 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MRS. JUSTICE MARY JOSEPH
         THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                            CRL.A NO. 616 OF 2021
AGAINST THE ORDER DATED 10.09.2021 IN Crl.M.P.NO. 1514/2021 ON THE FILE OF
  THE DISTRICT & SESSIONS COURT (SPECIAL COURT FOR SC/ST (PoA) CASES),
                              PATHANAMTHITTA


APPELLANT/PETITIONER/ACCUSED NO.1:

             SIDHIK,
             AGED 30 YEARS,
             S/O.NABEESATH BEEVI, LEKSHYAM VEEDU, VETTOOR P.O.,
             KUMBAZHA, PATHANAMTHITTA, PIN - 689 653.

             BY ADV.SRI. M.T.SURESHKUMAR


RESPONDENTS/RESPONDENT & COMPLAINANT:

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

     2       PRASAD,
             AGED 52 YEARS,
             S/O.GOPALAN, PANACKAL VEEDU, MYLADUMPARA, KUMBAZGA P.O.,
             PATHANAMTHITTA DISTRICT, PIN - 689 653.



             R1 BY SRI M.P.PRASANTH, PUBLIC PROSECUTOR



     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 30.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.616 of 2021

                                      2

                               JUDGMENT

Dated this the 30th day of September, 2021

This appeal is directed against an order passed by the District

and Sessions Court (Special Court for SC/ST (PoA) Cases),

Pathanamthitta (for short 'the court below'). The order was passed on

10.09.2021 dismissing the application filed by the appellant under

Section 439 of the Code of Criminal Procedure, 1973 (for short

'Cr.P.C') seeking bail. The grievance of the appellant was that he was

taken into custody on 21.08.2021 and even after passage of more

than one month the custody is retained. According to him the

investigation is almost over and there is no necessity in keeping him

in custody further.

2. The learned Public Prosecutor is directed to obtain

instructions in the matter. It is submitted by the learned Public

Prosecutor that the appellant is the 1 st accused in the case and

arrested on 21.08.2021. According to him altogether seven persons

were arraigned as accused in the crime but apart from the appellant

the other accused were not arrested till date. Regarding recovery of

the weapons used in the commission of the crime, it is submitted by Crl.Appeal No.616 of 2021

the learned Public Prosecutor that those were a stone and wooden

reaper and were already recovered. Therefore there is no question of

maintaining the custody of the appellant any further.

For the above reasons, Crl.Appeal stands allowed. Order dated

10.09.2021 in Crl.M.P.No.1514/2021 of the court below stands set

aside. The appellant is enlarged on bail on execution of a bond for a

sum of Rs.80,000/- (Rupees Eighty thousand only) with two solvent

sureties each for the likesum to the satisfaction of the court below and

subject to the following conditions:

1. The appellant shall appear before the Investigating Officer on all Mondays at 10 a.m., commencing from 04.10.2021 for a period of three months or till final report is filed, whichever is earlier.

2. The appellant shall surrender his passport before the court concerned and in case he does not have one, shall file an affidavit to that effect before the court below. Passport shall be surrendered or affidavit shall be filed forthwith.

3. The appellant shall co-operate with the proceedings, before the court below without failure.

Crl.Appeal No.616 of 2021

4. The appellant shall neither intimidate the witnesses or attempt to influence them, nor tamper with evidence.

5. The appellant shall not commit 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, if any,

filed by the authority concerned alleging violations of any of the

conditions imposed as above and on being convinced of shall pass

appropriate orders in accordance with law.

sd/-

MARY JOSEPH JUDGE

NAB Crl.Appeal No.616 of 2021

APPENDIX OF CRL.A 616/2021

PETITIONER'S ANNEXURE ANNEXURE A1 TRUE COPY OF THE FIR AND FIS IN CRIME NO.1250/2021 PATHANAMTHITTA POLICE STATION DATED 21/8/2021.

Crl.Appeal No.616 of 2021

APPENDIX OF CRL.MC 731/2020

PETITIONER ANNEXURES:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.272/2019 OF VALAPPAD POLICE STATION

ANNEXURE A2 AFFIDAVIT DATED 20.11.2019 SWORN TO BY THE 1ST RESPONDENT

ANNEXURE A3 TRUE COPY OF THE RECEIPT DATED 20.11.2019

ANNEXURE A4 CERTIFIED COPY OF THE ABOVE AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT STATING THE SETTLEMENT.

ANNEXURE A5 CERTIFIED COPY OF THE CHARGE SHEET IN CC 101/2020 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT KODUNGALLOORE, THRISSUR DISTRICT.

RESPONDENT'S ANNEXURES: NIL

//TURE COPY//

P A TO JUDGE