Kerala High Court
Thomas Mendes vs State Of Kerala on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
CRL.A NO. 668 OF 2022
AGAINST THE ORDER DATED 08.06.2022 IN CRL.M.C.NO.482/2022 OF THE
COURT OF SESSIONS JUDGE/SPECIAL JUDGE FOR THE SCHEDULED CASTES AND
THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, THODUPUZHA
APPELLANT/PETITIONER/ACCUSED:
THOMAS MENDES,
AGED 29 YEARS
S/O PETER MENDES,
KALLACHAMMURI HOUSE, KANDANADU BHAGAM,
KOTHADU KARA, KADAMAKKUDY VILLAGE
ERNAKULAM DISTRICT, PIN - 682027
BY ADVS.SRI.N.K.SHYJU
SRI.GIREESH PANKAJAKSHAN
SMT.ARCHANA MITHRAN O.K.
RESPONDENTS/RESPONDENT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
R1 BY SRI.RENJITH GEORGE, SR.PUBLIC RPOSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO. 668 OF 2022
2
JUDGMENT
Dated this the 27th day of July, 2022
This appeal is filed challenging an order passed by Special
Court for Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, Thodupuzha (for short 'the court below') on
08.06.2022 in Crl.M.C.No.482/2022, dismissing an application filed
by the appellant under Section 439 of the Code of Criminal
Procedure, 1973 (for short 'Cr.P.C.').
2. The application was dismissed by the court below for the
reason that the investigation in the crime is at it's preliminary stage.
The offences allegedly involved in the crime are those punishable
under Sections 376 and 420 of Indian Penal Code, 1860 (for short
'IPC') and Sections 3(1)(w)(i) and 3(2)(v) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015
(for short 'SC/ST (POA) Act').
3. The learned Public Prosecutor on instructions submitted
that the investigation in the case is almost over. According to him,
the appellant is aged 29 years and the defacto complainant is a major
CRL.A NO. 668 OF 2022
lady aged 30 years.
4. The appellant was taken into custody on 19.05.2022 and
therefore, he has served more than 60 days in custody. The
investigation is also almost completed. Therefore, interest of justice
demands his release from custody.
In the result, Crl.Appeal stands allowed. The impugned
order stands set aside and bail stands granted to the appellant on
execution by him of a bond for Rs.1,00,000/- with two solvent
sureties each for the likesum to the satisfaction of the court below
and also on compliance of the following conditions :-
1) The appellant shall neither intimidate or attempt to influence
witnesses, nor tamper with evidence proposed to be 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
the proceedings of the case.
4) The appelant 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; if release of the
passport is required at a later period, necessary orders to
the effect shall be obtained from a Court having jurisdiction by
filing applications to the effect.
CRL.A NO. 668 OF 2022
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 in accordance with law.
Sd/-
MARY JOSEPH
SMA JUDGE
