Rajesh M.D vs State Of Kerala
2022 Latest Caselaw 4619 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE K. BABU
     FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                         CRL.A NO. 421 OF 2022
        CRIME NO.272/2022 OF Pathanamthitta Police Station,
                             Pathanamthitta
 AGAINST THE ORDER/JUDGMENT IN CRMP 976/2022 OF DISTRICT COURT&
                    SESSIONS COURT,PATHANAMTHITTA
PETITIONER/ACCUSED:

            RAJESH M.D
            AGED 43 YEARS
            S/O DEVADAS,
            MATTALIL HOUSE, KUMBAZHA P.O, PATHANAMTHITTA VILLAGE,
            KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN -
            689653
            BY ADVS.
            MANU RAMACHANDRAN
            M.KIRANLAL
            T.S.SARATH
            R.RAJESH (VARKALA)
            SAMEER M NAIR
            HARSHA SUSAN SAM
            GEETHU KRISHNAN


RESPONDENT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA, PIN - 682031
    2       THE STATION HOUSE OFFICER
            PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA, PIN -
            689645
    3       ASWATHY K. REVI
            AGED 28 YEARS
            W/O NISHAD, KUTTIYIL (H), MANGARAM, KONNI AND NOW
            RESIDING AT
            MUTTATHU RAJ NIVAS, KUMBAZHA P.O, PATHANAMTHITTA
            VILLAGE,
            KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN -
            689653
            BY ADV PUBLIC PROSECUTOR SMT.MAYA.M.N
     THIS     CRIMINAL   APPEAL   HAVING    COME   UP   FOR   ADMISSION   ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 421 OF 2022

                                      2


                                  JUDGMENT

This is an appeal filed under Section 14A of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989. The petitioner is the accused in Crime No.272/2022 of

Pathanamthitta Police Station. The offences alleged against the

petitioner are punishable under Sections 447, 294(b) and 506(i) of

the Indian Penal Code and Sections 3(1)(r) and 3(1)(s) as well as

3(2)(v)(a) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act.

2. The prosecution case is that on 08.03.2022, the

petitioner trespassed upon the courtyard of the residence of the de

facto complainant, who belongs to Hindu Kurava community and

intentionally insulted her with intent to humiliate her and abused

her calling her caste name within public view.

3. The petitioner was arrested on 10.03.2022 and he has

been in judicial custody since then. The petitioner filed Crl.M.P.

No.976/2022 before the Sessions Court, Pathanamthitta under

Section 439 of Cr.P.C. The learned Sessions Judge dismissed the

application for bail as per the order dated 30.03.2022. This order is CRL.A NO. 421 OF 2022

under challenge in this appeal. This Court issued notice to

respondent No.3, the victim as provided under Section 15A of the

Act. The learned Public Prosecutor submitted that notice was

served on respondent No.3 on 18.04.2022.

4. The learned counsel for the petitioner submitted that the

investigation in this case is completed and further detention of the

petitioner is not required. Learned Public Prosecutor submitted that

on 09.04.2022, the Police submitted the final report.

5. Having regard to the fact that the final report has already

been submitted in this case, this Court is of the view that the

further detention of the petitioner is not required.

6. In the result, the Crl.Appeal is allowed. The appellant

shall be released on bail on his executing bond for Rs.25,000/-

(Rupees Twentyfive Thousand only) with two solvent sureties each

for the like sum to the satisfaction of the Court below.

Sd/-K. BABU JUDGE

lsn CRL.A NO. 421 OF 2022

APPENDIX OF CRL.A 421/2022

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.272/2022 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P. A TO JUDGE

LSN