Sabin P Saji vs State Of Kerala
2022 Latest Caselaw 3911 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
         TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                          CRL.A NO. 258 OF 2022
  AGAINST THE ORDER DATED 01.02.2022 IN CRL.M.C.NO.1186/2021 OF THE
 COURT OF THE SESSIONS JUDGE/SPECIAL JUDGE FOR THE SCHEDULED CASTES
  AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, THODUPUZHA
                CRIME NO.974/2021 OF KUMILY POLICE STATON
APPELLANT/PETITIONER/ACCUSED:

             SABIN P SAJI,
             AGED 26 YEARS,
             S/O SAJI JOHN, POWATHUKKATTIL HOUSE, PULICKALKAVALA KARA,
             PULICKALKAVALA P. O., VAZHOOR VILLAGE, CHANGANACHERY
             TALUK, KOTTAYAM DISTRICT.

             BY ADV SRI.A.K.ALEX


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

     2       XXXX (NAME AND ADDRESS OF THE DEFACTO COMPLAINANT
             ATTACHED WITH SEPARATE SEALED COVER)

             BY ADVS.

             R1 BY SMT.AMBIKA DEVI S, SPL.G.P. (ATROCITIES AGAINST
                   WOMEN AND CHILDREN AND WELFARE OF W AND C)(GP-38)

                  SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR


     THIS    CRIMINAL   APPEAL     HAVING    COME   UP   FOR   ADMISSION   ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.258 of 2022
                                    2




                              JUDGMENT

Dated this the 05th day of April, 2022

This appeal is filed against an order passed by Court of

Sessions Judge/Special Judge for the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, Thodupuzha (for

short 'the court below') in Crl.M.C.No.1186/2021, declining bail to

the appellant. The reasons for declining bail was seriousness of

the offence involved in the crime alleged against the appellant and

the preliminary stage of investigation at which the application

seeking bail was filed.

2. The appellant has already served sufficient period in

custody. Investigation is also over and a final report is laid. The

victim is a lady aged 32 years and is also a widow. The allegation

was that on a promise to marry her, the appellant committed rape

on her. Whether the offence alleged against the appellant would

be attracted or not is also doubtful. In the above circumstances,

this court is inclined to allow the appeal. Crl.Appeal No.258 of 2022

In the result, appeal is allowed. The appellant is released on

bail on execution by him of a bond for Rs.1,00,000/- (Rupees One

lakh only) with two solvent sureties each for the likesum to the

satisfaction of the court below and on the following conditions:

1. The appellant shall neither intimidate or attempt

to influence witnesses, nor tamper with evidence

proposed to be relied on by the prosecution.

2. The appellant shall not commit any offence while

on bail.

3. The appellant shall appear before the court and

co- operate with proceedings of the case.

4. The appellant shall not leave India without

obtaining permission of the Court and if he is

having a passport, shall deposit the same before

the Trial Court within a week; if release of the

passport is required at a later period, necessary

orders to the effect shall be obtained from a Court

having jurisdiction by filing applications to the

effect.

Crl.Appeal No.258 of 2022

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

jurisdictional court is empowered to consider the application for

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

pass appropriate orders in accordance with law.

Sd/-

MARY JOSEPH JUDGE NAB Crl.Appeal No.258 of 2022

APPENDIX OF CRL.APPEAL NO.258/2022

APPELLANT'S ANNEXURES:

ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.974/2021 DATED 12.10.2021 OF KUMILY POLICE STATION

ANNEXURE 2 TRUE COPY OF THE STATEMENT OF THE DEFACTO COMPLAINANT DATED 1-10-2021 GIVEN TO THE PAMPADY POLICE STATION.

ANNEXURE 3 TRUE COPY OF THE REMAND APPLICATION DATED 14-12-2021 FILED BY THE POLICE INSPECTOR, KUMILY POLICE STATION BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PEERUMADU

ANNEXURE 4 THE CERTIFIED COPY OF THE ORDER DATED 1-2-2022 IN CRIMINAL M.C.NO.1186/2021 OF THE SESSIONS JUDGE/SPECIAL JUDGE FOR THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, THODUPUZHA

RESPONDENT'S ANNEXURES: NIL

//TRUE COPY//

P A TO JUDGE