Nujum Sainulabdeen vs State Of Kerala
2022 Latest Caselaw 3105 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE MARY JOSEPH
     THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                        CRL.A NO. 934 OF 2021
 AGAINST THE ORDER DATED 17.11.2021 IN CRL.M.P.NO.1533 OF 2021 OF I
            ADDITIONAL SESSIONS COURT, THIRUVANANTHAPURAM


            CRIME NO.477/2021 OF KILIMANOOR POLICE STATION


APPELLANT/ACCUSED:

            NUJUM SAINULABDEEN,
            AGED 49, S/O SAINULABDEEN,
            SAJEENA MANZIL, SASTHAMPOIKA, THATTATHUMALA,
            THIRUVANANTHAPURAM DISTRICT.

            BY ADVS. SRI.SHAJIN S.HAMEED
                     SRI.MELWIN BYJU


RESPONDENTS/STATE/COMPLAINANT & CWI:

     1      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM.
     2      XXX
            XXX



            R1 BY SMT SHEEBA THOMAS, PUBLIC PROSECUTOR


     THIS   CRIMINAL   APPEAL   HAVING     COME   UP   FOR   ADMISSION   ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.934 of 2021
                                       2




                                 JUDGMENT

Dated this the 17th day of March, 2022

This appeal is filed against an order passed by Court of

Sessions, Thiruvananthapuram (for short 'the court below') on

17.11.2021 in Crl.M.P.No.1533/2021.

2. The appellant was the sole accused in crime

No.477/2021 of Kilimanoor Police Station registered for offences

punishable under Sections 376 (2)(i)(n) and 354A(1)(iii) of the

Indian Penal Code (for short 'IPC') and Section 3(2)(v) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 (Amendment Act, 2015) (for short 'SC/ST (POA) Act')

and Section 92(d) of Rights of Persons with Disabilities Act, 2016.

Allegation of the prosecution was that the appellant committed

rape on a mentally challenged lady aged 20 years and belongs to

Scheduled Caste community. The appellant was taken into custody

on 22.04.2021 and since then his custody is continuing. Crl.Appeal No.934 of 2021

3. It is submitted by the learned Public Prosecutor that the

victim is a mentally challenged lady aged 20 years. It is also

submitted that the investigation is concluded and a final report is

laid before the court below on 14.07.2021. On the basis of the

final report, S.C.No.1005/2021 is registered and pending on the

files of Court of Sessions, Thiruvananthapuram. The appellant has

already undergone 328 days in custody. The trial in the case is not

yet commenced.

In the result, bail is granted to the appellant on execution of

a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent

sureties each for the like sum to the satisfaction of the Court of

Sessions, Thiruvanathapuram and on conditions hereinbelow

mentioned:

1. The appellant shall not disturb the peaceful life of the victim and her family members.

2. The appellant shall neither intimidate or attempt to influence witnesses, nor tamper with evidence proposed to be relied on by the prosecution.

Crl.Appeal No.934 of 2021

3. The appellant shall not repeat similar offences on the victim or any other offences while on bail.

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; 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.

In case of violation of any of the above conditions, the

jurisdictional court is empowered to consider the application for

cancellation, if any, filed by the authority concerned and pass

appropriate orders in accordance with law.

Sd/-

MARY JOSEPH JUDGE NAB