Kerala High Court
Maneesh Madhu vs State Of Kerala on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
CRL.A NO. 834 OF 2022
AGAINST THE ORDER DATED 07.07.2022 IN CRL.M.P.NO.115/2022 OF SPECIAL
COURT FOR SC/ST (POA) ACT CASES, KOTTARAKKARA
CRIME NO.1230/2022 OF KOTTRAKKARA POLICE STATION
APPELLANTS/ACCUSED 1 TO 3:
1 MANEESH MADHU, AGED 24 YEARS,
S/O MADHUSOODANAN PILLAI, CHAITHRAM, UMMANNOOR P.O,
UMMANNOOR VILLAGE., PIN - 691520
2 SANDEEP S, AGED 36 YEARS, S/O SURENDRAN PILLAI, SINDHU
VILASAM, UMMANNOOR P.O, UMMANNOOR VILLAGE., PIN - 691520
3 ANIL KUMAR, AGED 52 YEARS, S/O DIVAKARAN PILLAI, ANIL
BHAVAN, UMMANNOOR P.O, UMMANNOOR VILLAGE., PIN - 691520
BY ADVS.SRI.VISHNU BHUVANENDRAN
SMT.B.ANUSREE
SMT.RESHMA UNNIKRISHNAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 USHAKUMARI, AGED 39,
THUSHARA MANDIRAM, UMMANNOOR MURI, UMMANNOOR VILLAGE,
KOLLAM, PIN - 691520
R1 BY SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal No.834 of 2022
2
JUDGMENT
Dated this the 26th day of August, 2022
The appeal is filed challenging an order passed by Special
Court for SC/ST (POA) Act Cases, Kottarakkara (for short 'the court
below') declining to grant pre-arrest bail to the appellants herein.
The copy of the impugned order is produced alongwith the petition
on hand as Annexure V.
2. Crl.M.P.No.115/2022 was filed in Crime No.1230/2022
of Kottarakkara Police Station wherein offences incorporated are
those punishable under Sections 143, 147, 148, 452, 294(b), 323,
324, 354(B), 427 read with Section 149 of the Indian Penal Code,
1860 (for short 'IPC') and Sections 3(1)(s), 3(1)(w)(i), 3(2)(va) of
the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (Amendment Act, 2015) (for short 'SC/ST
POA Act'). The court below has dismissed the application
considering the gravity of the offences involved and preliminary
stage of investigation.
Crl.Appeal No.834 of 2022
3. The case of the prosecution was that accused Nos.1 to 3
alongwith five others unlawfully assembled with dangerous
weapons like iron rod, machete and stones with an object to cause
hurt on the defacto complainant who belongs to Scheduled Caste
community and her husband. They trespassed into the house of
the defacto complainant which is Thushara Mandiram at
Ummannoor Village and caused hurt on them. The 1st accused also
torn the maxi worn by the defacto complainant and thereby caused
disrepute to her. The motive behind the incident was alleged as
registration of a POCSO case against one Mr.Kakku who is working
in the political party of the accused, at the instance of the defacto
complainant for misbehaving with her daughter.
4. The learned counsel for the appellant urged that this is
a case falsely registered against the appellants. According to him
a copy of the FIS is produced alongwith the petition on hand as
Annexure I. FIS was lodged only on 27.05.2022 whereas the
alleged incident was occurred on 21.05.2022. According to him no
reason was stated in the FIS for the delay occurred in lodging the
FIS. According to the learned counsel though the allegation was
that the defacto complainant and her husband were hit with iron
Crl.Appeal No.834 of 2022
rod and machete, injuries caused to them being very simple in
nature, there is scope for doubt to originate on the genuineness of
the allegations.
5. The learned Public Prosecutor has made the Case Diary
available for perusal. The Accident Register Cum-Wound-Certificate
of Mr.Mani, husband of the defacto complainant obtained from
Taluk Head Quarters Hospital, Kottarakkara is found incorporated
and it would reveal that he has attended the hospital with pain on
back of chest, on right hip and abrasions on the right ankle and
right knee as well as abrasion on the right shoulder. If the
allegation that the defacto complainant and her husband were
attacked with iron rod and machete were true facts, the injuries
inflicted would have been grievous ones. Falsity of allegations
cannot be ruled out and therefore this Court is inclined to allow the
appeal.
In the result, the appeal is allowed. The impugned order
stands set aside. Crl.M.P.No.115/2022 is allowed and the
appellants shall be enlarged on bail in the event of their arrest, on
execution by each of them of a bond for Rs.1,00,000/- (Rupees
Crl.Appeal No.834 of 2022
one lakh only) with two solvent sureties each for the likesum to
the satisfaction of the arresting officer and subject to the following
conditions:
1. The appellants shall appear before the
investigating officer for interrogation as and
when required by him in writing. They shall
co-operate with the investigation of the case.
2. The appellants shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to
the court or to any police officer or tamper with
the evidence.
3. The appellants shall not commit any offence
while on bail.
4. The appellants shall appear before the court and
co-operate with proceedings of the case after
filing of the final report in the crime, before the
court.
5. The appellants shall not leave India without
obtaining permission of the Court and if they
Crl.Appeal No.834 of 2022
are 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 their cause.
In case of violation of any of the above conditions, the
Investigating Officer is at liberty to approach the court for
cancellation of bail.
Sd/-
MARY JOSEPH
JUDGE
NAB
Crl.Appeal No.834 of 2022
APPENDIX OF CRL.A 834/2022
PETITIONER'S ANNEXURES:
Annexure-I TRUE COPY OF THE FIR ALONG WITH FIS IN
CRIME NO. 1230/2022 OF KOTTARAKARA POLICE
STATION, KOLLAM DISTRICT
Annexure-II TRUE COPY OF THE COMPLAINT PREFERRED BY
THE 1ST APPELLANT'S MOTHER BEFORE THE
CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA,
AGAINST THE DEFACTO COMPLAINANT'S
HUSBAND.
Annexure-III TRUE COPY OF THE PRIVATE COMPLAINT
PREFERRED BY THE 1ST APPELLANT'S MOTHER
BEFORE JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, KOTTARAKKARA
Annexure-IV TRUE COPY OF THE STAFF ATTENDANCE
REGISTER ALONG WITH THE DAILY ATTENDANCE
SHEET OF THE 2ND APPELLANT.
Annexure-V TRUE COPY OF THE ORDER IN CRL.MP
NO.115/2022 DATED 27.07.2022 OF HON'BLE
SPECIAL JUDGE, SPECIAL COURT, SPECIAL
COURT SC/ST (POA) ACT CASES,
KOTTARAKKARA.
RESPONDENTS ANNEXURES: NIL
//TRUE COPY//
P A TO JUDGE
