Kerala High Court
Sasi Gopi vs State Of Kerala on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
CRL.A NO. 287 OF 2022
CRIME NO.186/2022 OF Mundakayam Police Station, Kottayam
AGAINST THE ORDER IN CRL.M.P NO.391/2022 OF COURT OF SESSIONS, KOTTAYAM.
APPELLANT/SOLE ACCUSED:
SASI GOPI,
AGED 65 YEARS,
S/O.GOPI, MULAVANAL (THOTTUMAKAL) HOUSE,
MADUKKA P.O, KORUTHODU VILLAGE, KANJIRAPPALLY TALUK,
PIN - 686513
BY ADVS.
BIJU BALAKRISHNAN
K.R.SUNIL
KRISHNA SURESH
SANJUNA GOPINATH K.P
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA, THROUGH DY.SP KANJIRAPPALLY POLICE STATION,
KOTTAYAM, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 BHASKARAN.K.N,
S/O. NARAYANAN, KEEZHEMUTTATHU HOUSE,
MADUKKA P.O, KORUTHODU VILLAGE, KOSADI,
MUNDAKKAYAM., PIN - 686513
BY SMT. SEENA.C (PUBLIC PROSECUTOR)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 18.03.2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO.287 OF 2022 2
JUDGMENT
Dated this the 18h day of March, 2022.
This appeal is directed against an order passed by Court of
Sessions, Kottayam (for short, court below') in Crl.M.P
No.391/2022. Crl.M.P No.391/2022 was filed by the petitioner
herein under Section 439 of the Code of Criminal Procedure, 1973
(for short, 'Cr.P.C') seeking for regular bail. Bail was sought in
Crime No.186/2022 of Mundakayam Police Station registered for
offences punishable under Sections 294(b) and 326 of the Indian
Penal Code (for short 'IPC') and Section 3(1)(r), (s) and 3(2)(v) of
the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities), 1989 (Amendment Act, 2015) (for short, 'SC/ST (POA)
Act').
2. The allegation against the petitioner was that on
11.02.2022, at 10 a.m, at Kottaramkada, the petitioner had beaten
the defacto complainant using a stick and consequently, the former
sustained a fracture below his left wrist. The petitioner was taken in
custody on 15.02.2022 and since then, he is continuing in judicial
custody. He had moved an application seeking regular bail and that
was dismissed by the court below, for the reason that the
investigation is only at the preliminary stage.
3. The learned public prosecutor on the basis of
instructions obtained, submitted that the investigation is concluded
and Final Report is laid before Principle District and Sessions Court,
which is the special court for trial of offences coming under the
SC/ST (POA) Act, on 10.03.2022. Since the investigation is
concluded and a Final Report is filed and that has already been
taken on file by the Special Court, there is absolutely no reason for
detaining the petitioner further in judicial custody.
4. In the above circumstances, Crl.Appeal is allowed.
Petitioner is enlarged on bail on execution by him for 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 also on the
following conditions;
1. The petitioner 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.
2. The petitioner shall not tamper with the
evidence or influence the witness.
3. The petitioner shall not involve in any offence
while on bail.
4. Petitioner shall appear before the Court as and
when required by it and co-operate with the
proceedings of the court.
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
JJ
APPENDIX OF CRL.A 287/2022
PETITIONER'S ANNEXURE
Annexure1 THE TRUECOPY OF THE ORDER IN CRL.M.P NO.391/2022 IN
CRIME NO. 186/2022 OF THE SESSION COURT AT KOTTAYAM
DATED 26.2.2022.
