Amal Nath vs State Of Kerala
2022 Latest Caselaw 4835 Ker

Citation : 2022 Latest Caselaw 4835 Ker
Judgement Date : 29 April, 2022

Kerala High Court

Amal Nath vs State Of Kerala on 29 April, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE BASANT BALAJI
  FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                       CRL.A NO. 424 OF 2022
CRMP 1167/2022 OF ATROCITIES AGAINST SC/ST (SPECIAL COURT),
                          PATHANAMTHITTA
APPELLANT/S:

    1       AMAL NATH,AGED 24 YEARS
            S/O MURALEEDHARAN NAIR, THOLOOR THEKKETHIL HOUSE,
            KUMBAZHA P.O. , PATHANAMTHITTA, PIN - 689645
    2       VISHNU C V,AGED 25 YEARS
            S/O VISWANATHAN , CHARUVULKALAYIL HOUSE, KUMBAZHA
            P O , PATHANAMTHITTA VILLAGE, PATHANAMTHITTA, PIN
            - 689645
            BY ADVS.
            M.T.SURESHKUMAR
            SHRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH
            SMITHA PHILIPOSE
            P.R.JAYASANKAR
            DARSAN SOMANATH
            MANJUSHA K
            SREELAKSHMI SABU
RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA, PIN - 682031
    2       PRASAD
            AGED 52 YEARS
            S/O GOPALAN, PANACKAL VEEDU, MYLADUMPARA, KUMBAZHA
            P.O., PATHANAMTHITTA DISTRICT, PIN - 689653
            BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:

            SRI. NOUSHAD K.A-SR.PP


        THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
29.04.2022,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 CRL.A NO. 424 OF 2022




                                  -2-




                         BASANT BALAJI, J.
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                   CRL.A NO. 424 OF 2022
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                            JUDGMENT

(Dated this the 29th day of April 2022)

This appeal is filed under Section 14A of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act (for short 'SC/ST Act') against the order

passed in Crl.M.P. No. 1167 of 2022 on the files of the

Sessions Court, Pathanamthitta dismissing application

for bail filed under Section 439 Cr.P.C.

2. The petitioners are accused Nos.2 and 3. The

offences alleged against the petitioners are under CRL.A NO. 424 OF 2022

Sections 143, 147, 148, 447, 294(b), 326, 324, 149 read

with Section 3 of SC/ST Act.

3. The prosecution allegation is that on 21.8.2021

at about 4.30 pm, the 2nd respondent has allegedly being

assaulted by 4 to 5 persons. The motive alleged is that at

about 2 months prior to the date of accident, he has filed

a complaint against the first respondent alleging that he

has pelted stones at the house. Both the complainant and

the accused were called in and the matter was settled in

the Police Station. The first accused along with 4 to 5

persons, came in 3 motor bikes in front of his house

pelted stones at him and assaulted him with wooden

reapers. The injury is a fracture on his left hand.

4. The appellants moved an application for bail CRL.A NO. 424 OF 2022

under Section 439 Cr.P.C. before the Sessions Court,

Pathanamthitta. As per the order of the said court, the

application was dismissed on 8.4.2022. Hence this

appeal challenging the said order.

5. Notice issued to R2 has been duly served by the

special messenger. But there is no appearance.

6. The learned counsel for the appellants submitted

that a reading of the FIR Statement would show that the

same is silent about the allegation that he is a member of

the SC community and that no offence under SC/ST Act

will attract. As per the original FIR the only IPC

offences are included. But later the offence under

SC/ST Act is incorporated to deny bail.

7. The learned Public Prosecutor submitted that the CRL.A NO. 424 OF 2022

offences involved are of grave nature and that if the

appellants are released on bail, they may influence the

witnesses and intermeddle the investigation and also

may abscond.

8. On going through Annexure - A1 FIR, it is seen

that the offences alleged against the appellants are only

IPC offences, Later the offence under SC/ST Act is also

incorporated. The FIR statement also does not reveal

that he is a member of SC/ST and that any of the offence

under the Act is attracted.

9. The appellants are in custody from 30.3.2022 on

wards and the investigation is almost over.

In the said circumstances, I am of the view that

further detention of the appellants is not necessary. CRL.A NO. 424 OF 2022

In the result, this Crl.Appeal is allowed and bail is

granted to the appellants on the following conditions:

(i) The appellants shall be released on bail on executing a bond for Rs.1,00,000/- each, with two solvent sureties, each for the like sum to the satisfaction of the court.

(ii) The appellants shall not do any offence of like nature while on bail.

(iii) The appellants shall report before the SHO on all Mondays between 10 am to 12 noon and also shall report before Investigating Officer as and when required.