Kerala High Court
State Of Kerala Represented By Sub ... vs Rajesh K. R on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
CRL.A NO. 95 OF 2022
AGAINST THE ORDER DATED 08.09.2021 IN CRL.M.P.NO.1492/2021 OF THE
COURT OF SESSIONS, PATHANAMTHITTA
CRIME NO.899/2021 OF ARANMULA POLICE STATION
APPELLANT/RESPONDENT:
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE
ARANMULA POLICE STATION,THROUGH THE STATE PUBLIC
PROSECUTOR HON'BLE HIGH COURT OF KERALA.
BY ADV. SMT.SEENA C, PUBLIC PROSECUTOR
RESPONDENTS/PETITIONERS/ACCUSED NOS.1 &2:
1 RAJESH K. R,
S/O RAJAN, KARINGATTIL IDAYARANMULA WEST P.O,
ARANMULA, PATHANAMTHITTA
2 MIDHUN MADHU
S/O MADHU, POTTANMALAYIL, KURICHIMUTTOM P.O,
KIDANGANNUR, PATHANAMTHITTA.
BY ADVS.SMT.BHANU THILAK
SRI.K.S.HARIHARAPUTHRAN(H-57)
SRI.VISHNU.R(K/908/2014)
SRI.S.R.PRASANTH(K/000462/2015)
SRI.HARI SHANKAR PRASAD(K/941/2014)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal No.95 of 2022
2
JUDGMENT
Dated this the 22nd day of March, 2022
This appeal is filed seeking to cancell the pre-arrest bail
granted to the respondents by Court of Sessions, Pathanamthitta
(for short 'the court below') in Crl.M.P.No.1492/2021.
2. It is averred in the appeal that the 1 st accused belongs
to Ezhava Community and the defacto complainant and other
injured who sustained injury belonged to Scheduled Caste.
According to her, for the reason that document to establish that
the 1st accused belongs to Ezhava Community was not produced in
the case that the court below has allowed the application and
granted pre-arrest bail to them. The caste certificate of the 1 st
accused was obtained only later and that is produced alongwith
this appeal.
3. The learned Public Prosecutor was instructed to submit
the present status of the case. It is submitted by the learned
Public Prosecutor that the investigation in the case is over and a
final report is prepared and it is about to be filed before the court
Crl.Appeal No.95 of 2022
below. There is no scope for the apprehension of the learned
Public Prosecutor that if the order is allowed to sustain, that would
vitiate the trial, since the disposal of the case would depend only
upon the evidence adduced by the parties during trial.
Eventhough, anticipatory bail was granted without considering the
Caste of the parties, since the investigation is over and a final
report is about to be filed, this Court is not inclined to set aside the
order.
Crl.Appeal is dismissed for the reasons.
Sd/-
MARY JOSEPH
JUDGE
NAB
Crl.Appeal No.95 of 2022
APPENDIX OF CRL.A 95/2022
APPELLANT'S ANNEXURES:
ANNEXURE A TRUE COPY OF FIR
ANNEXURE B TRUE COPY OF CASTE CERTIFICATE OF ACCUSED
ANNEXURE C TRUE COPY OF CASTE CERTIFICATE ISSUED IN
FAVOUR OF DEFACTO COMPLAINANT AND INJURED
ANNEXURE D CERTIFIED COPY OF ORDER DATED 08/09/21 IN
CRLMP 1492/21
RESPONDENTS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE RECEIPT DATED 17-08-2021
ISSUED BY THE SI ARANMULA POLICE STATION
ANNEXURE A2 TRUE COPY OF THE RECEIPT DATED 28-08-2021
ISSUED BY THE DISTRICT POLICE OFFICE
ANNEXURE A3 TRUE COPY OF THE CITIZEN COPY OF THE FIR
DATED 29-08-2021 IN CRIME NO.906/2021
ANNEXURE A4 TRUE COPY OF THE OUT PATIENT TICKET OF
THE WIFE OF THE 1ST RESPONDENT DATED 24-
08-2021
ANNEXURE A5 TRUE COPY OF THE CT SCAN OF BRAIN DATED
24-08-2021 OF THE WIFE OF THE 1ST
RESPONDENT
ANNEXURE A6 TRUE COPY OF THE ADMISSION REGISTER OF
THE 2ND RESPONDENT ISSUED BY THE
HEADMISTRESS OF AMM HIGH SCHOOL, OTHERA
DATED 15.02.2022
ANNEXURE A7 TRUE COPY OF THE ADMISSION REGISTER OF
THE 1ST RESPONDENT ISSUED BY THE
HEADMISTRESS, AMHSS EDAYARANMULA DATED
03.10.2008.
