Krishnan vs Station House Officer
2022 Latest Caselaw 9339 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                          CRL.A NO. 796 OF 2022
AGAINST THE ORDER DATED 20.07.2022 IN CRL.M.P.NO.606/2022 OF SPECIAL
                   COURT FOR SC/ST(POA)ACT, MANNARKKAD
         CRIME NO.251/2022 OF MALAMPUZHA POLICE STATION, PALAKKAD
APPELLANT/PETITIONER/ACCUSED:

             KRISHNAN, AGED 55 YEARS, S/O SWAMI,
             ASWATHY STORE, VELAMPOTTA,
             MALAMPUZHA, PALAKKAD - 678 651

             BY ADV SRI.V.A.VINOD


RESPONDENTS/RESPONDENTS/COMPLAINANT, STATE AND DEFACTO COMPLAINANT:

     1       STATION HOUSE OFFICER
             MALAMPUZHA POLICE STATION, PALAKKAD - 678 651
     2       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031
     3       SAVATHRY, AGED 45 YEARS, W/O KUMARAN,
             IDAKKALAM, PUKKUNDU,
             MALAMPUZHA, PALAKKAD - 678 651

             R1 AND R2 BY SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR

             R3 BY ADV SRI.SHAKTHI PRAKASH


     THIS    CRIMINAL   APPEAL   HAVING    COME   UP   FOR   ADMISSION   ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.796 of 2022
                                    2




                                JUDGMENT

Dated this the 10th day of August, 2022

This appeal is filed challenging an order passed by Special

Court for SC/ST (POA) Act, Mannarkkad (for short 'the trial court')

in Crl.M.P.No.606/2022.

2. Crl.M.P.No.606/2022 is an application filed by the sole

accused in Crime No.251/2022 of Malampuzha Police Station,

registered for offences punishable under Sections 341, 294(b), 326

and 308 of the Indian Penal Code, 1860 (for short 'IPC') and

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

(Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act').

3. The case of the prosecution was that the accused who

belongs to OBC community, at about 5 pm on 04.07.2022

wrongfully restrained the defacto complainant, a member of

scheduled caste community, abused her and caused grievous hurt

to her, infront of a shop belongs to Mr.Mani, Velampotta,

Malampuzha Panchayath, Malampuzha Village. As per the

allegations, the accused beat the defacto complainant on her both Crl.Appeal No.796 of 2022

hands, left leg and head, as a result of which the defacto

complainant sustained a fracture on her right hand. On the basis

of the allegations raised, the crime in question was registered.

Appellant was arrested and he is undergoing custody since

06.07.2022. He has moved an application before the trial court

seeking for regular bail but that application was dismissed on

consideration of the grave nature of the offences.

4. The learned Public Prosecutor on the basis of the

instructions submitted that the investigation in the case is

concluded and a final report is filed.

5. This Court also finds that the appellant has served

sufficient days in custody and his presence in custody is not

required further. In the above circumstances, the Crl.Appeal is

only to be allowed.

In the result, Crl.Appeal is allowed and bail stands granted to

the appellant 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 trial court and also on observance

of the following conditions:

Crl.Appeal No.796 of 2022

1. The appellant shall neither intimidate or attempt to influence the witnesses of the prosecution, nor tamper with the evidence proposed to be adduced and 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 Court in 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; and in case, release of the passport is required at a later point of time necessary orders to that effect shall be obtained from a Court having jurisdiction by filing applications and establishing his cause.

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 therein in accordance with law.

Sd/-

MARY JOSEPH JUDGE NAB Crl.Appeal No.796 of 2022

APPENDIX OF CRL.A 796/2022

PETITIONER'S ANNEXURES:

ANNEXURE 1 COPY OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 25.07.2022

ANNEXURE 2 COPY OF THE ORDER IN CRL.M.P NO 606/2022 DATED 20.07.2022

RESPONDENTS' ANNEXURES: NIL

//TRUE COPY//

P A TO JUDGE