Muhammed Fasil vs State Of Kerala
2022 Latest Caselaw 6682 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                    CRL.A NO. 576 OF 2022
  AGAINST THE ORDER IN CRL.M.P NO.248/2022 OF SPECIAL
 COURT-TRIAL OF OFFENCE UNDER SC/ST(POA)ACT, MANNARKKAD


APPELLANT/5TH ACCUSED :-

           MUHAMMED FASIL
           AGED 32 YEARS
           S/O. MUSTHAFA, PAIVALAPPIL VEETTIL,
           PARAPPURAM, PANJAL, THRISSUR DT.,
           PIN - 679531

           BY ADV A.HAROON RASHEED


RESPONDENTS/COMPLAINANT :-

    1      STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM.,
           PIN - 682031

    2      KRISHNAPRIYA K
           AGED 20 YEARS
           S/O. KRISHNANKUTTY, ONDIVEERANPOTTA,
           NENMENI, KOLLENGODE-1
           PALAKKAD, KERALA- , PIN - 678506



           BY SRI RENJITH GEORGE, SR.PP


        THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.A.No.576 of 2022
                                      2



                                JUDGMENT

This appeal is filed against an order

passed by Special Court for SC/ST (POA) Act,

Mannarkad (for short 'the court below') in

Crl.M.P.No.244, 248 and 249/2022 of Thrithala

Police Station, Palakkad District filed in

Crime No.280/2022.

2. The petitioner is the 5th accused and

alongwith accused Nos.1 and 2, he had moved an

application seeking regular bail before the

court below and it was dismissed for the

reasons that the investigation is progressing

and some other accused are yet to be arrested.

The criminal antecedents of the accused were

also projected as a reason while declining bail

to them. The aggrieved petitioner are now

before this Court in the appeal on hand.

3. The learned counsel for the petitioner

has produced the proceedings of the court

below, which shows that bail applications filed Crl.A.No.576 of 2022

by accused Nos.1 and 2 were allowed and they

were enlarged on bail.

4. The learned Public Prosecutor handed

over the report of the investigating officer,

which convinces this court that the allegations

against the 1st and 2nd accused are of more

gravity than that was raised against the

petitioner herein. The 1st and 2nd accused stands

enlarged on bail. Therefore, there is

absolutely no reason to detain the petitioner

herein whose involvement in the crime is of

lesser gravity than accused Nos. 1 & 2.

In the above circumstances Crl.Appeal

stands allowed. Order of Crl.M.P.No.248/2022 on

the files of SC/ST (POA) Act, Mannarkad in

Crime No.280/2022 of Thrithala Police Station

to the extend it declined bail to the

petitioner herein is set aside. The petitioner

is enlarged on bail 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 court below and Crl.A.No.576 of 2022

subject to the following conditions :-

          1)       He     shall     report    before      the
          investigating officer         for interrogation

as and when required by him in writing.

2) He shall not influence the witnesses or tamper with evidence.

3) He shall not repeat crimes of similar nature or crimes of other natures.

In case of violation of any of the

above conditions, the jurisdictional court is

at liberty to cancel the bail in accordance

with law.

The Crl.Appeal is allowed as above.

Sd/-

MARY JOSEPH JUDGE SMA