Kerala High Court
Soman vs State Of Kerala on 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 14th day of January 2022 / 24th Pousha, 1943
Crl.MA NO.1/2022 IN CRL.A NO. 40 OF 2022
SC 1248/2017 OF SPECIAL COURT FOR THE TRIAL OF SC/ST (POA) ACT CASES/SESSIONS
COURT, KOZHIKODE.
PETITIONERS/APPELLANTS
1. SOMAN, AGED 49 YEARS, S/O. KUNJIKANARAN NAIR, RESIDING AT
NADUPARAMBIL HOUSE, MAMBALLI, PERAMBRA VILLAGE, KOZHIKODE-673525.
2. MANJULAL, AGED 36 YEARS, S/O. CHANDRAN, RESIDING AT PASHNIPARAMBIL
HOUSE, MAMBALLI, PERAMBRA VILLAGE, KOZHIKODE-673525.
RESPONDENTS/RESPONDENTS
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031.
2. DEPUTY SUPERINTENDENT OF POLICE, NADAPURAM, KOZHIKODE 673 504.
3. THE SUB INSPECTOR OF POLICE, PERAMBRA POLICE STATION, KOZHIKODE
DISTRICT 673 525.
4. BIJU, AGED 34 YEARS, S/O. BALAN, RESIDING AT EZHUTHACHANKANDY HOUSE,
ASSARIMUKKU, THANDORAPARA P.O., PERAMBRA, KOZHIKODE RURAL 673 525.
Peition praying that in the cirucmstances stated therein the High Court be pleased to
suspend the sentence in terms of the judgment dated 14/12/2021 in Sessions Case No.1248/2017
before the Special Judge for the Trial of SC/ST (POA) Act Cases/Sessions Judge/Kozhikode,
until the disposal of this appeal.
This petition coming on for orders upon perusing the petition
and upon hearing the arguments of M/S B.KRISHNA MANI, N.V.SANDHYA,
DHANUJA M.S, Advocates for the petitioners and PUBLIC PROSECUTOR for R1
to R3, the court on the same day passed the following:
P.T.O
Dr. Kauser Edappagath, J
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Crl.A.No.40/2022
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Dated this the 14th day of January, 2022
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ORDER
Heard. Admit. The prosecutor takes notice for the
respondents 1 to 3. Issue notice to the 4th respondent.
Crl.M.A.No.1/2022
Heard. The prosecutor takes notice for the respondents 1 to
3. Issue notice to the 4th respondents.
2. The conviction under the Scheduled castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short
'the Act') is under Section 3 (2)(va). The IPC offences under
which the petitioners/accused stand convicted are all bailable
offence. Hence, I am of the view that an interim order can be
granted suspending the sentence and granting bail to the
petitioners/appellants without issuing notice to the victim under
Section 15A(3) of the Act.
3. Hence, execution of the sentence shall stand
suspended and interim bail is granted to the petitioners/accused
on condition that they execute a bond for Rs.1,00,000/-(Rupees
Crl.A.No.40/2022 &
Crl.M.A.No.1/2022
one lakh) each, with two solvent sureties for the like sum each,
to the satisfaction of the court below and on further condition
that the petitioners deposit the fine amount of Rs.20,000/- at the
court below within two weeks from today.
This interim order shall be in force till the above petition to
suspend the sentence is heard and disposed of after the
appearance of the victim.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
kp
14-01-2022 /True Copy/ Assistant Registrar
