Ali @ Sayed Ali vs State Of Kerala
2023 Latest Caselaw 5169 Ker

Citation : 2023 Latest Caselaw 5169 Ker
Judgement Date : 18 April, 2023

Kerala High Court

Ali @ Sayed Ali vs State Of Kerala on 18 April, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
         TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945


                          CRL.A NO. 539 OF 2023
  AGAINST THE ORDER/JUDGMENTCRMP 854/2023 OF II ADDITIONAL DISTRICT
                             COURT,TRIVANDRUM


APPELLANT/S:

     1        ALI @ SAYED ALI
              AGED 41 YEARS
              S/O SHAJAHAN,
              SAYED ALI MANZIL, BHASKAR NAGAR,
              ALIYIRAKKA, VARKALA,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695141

     2        JITHIN
              AGED 20 YEARS
              S/O ARAVINDAN,
              JITHIN NIVAS, EDAYOORKONAM,
              NAVAYIKULAM P.O., VARKALA,
              THIRUVANANTHAPURAM, PIN - 695603

     3        SAJEEV
              AGED 21 YEARS
              S/O SALIMKUTTY,
              SALEENA MANZIL, KALLUVILA,
              PUTHUSSERI MUKKU, NAVAYIKULAM P.O., VARKALA,
              THIRUVANANTHAPURAM, PIN - 695603

              BY ADV LATHEESH SEBASTIAN


RESPONDENT/S:

     1        STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, PIN - 682031
 CRL.A NO. 539 OF 2023

                                 2



    2    ASSISTANT COMMISSIONER OF POLICE
         ATTINGAL POLICE STATION,
         THIRUVANANTHAPURAM, PIN - 695101

    3    STATION HOUSE OFFICER
         VARKALA POLICE STATION,
         THIRUVANANTHAPURAM DISTRICT, PIN - 695141

    4    AKHIL
         AGED 23 YEARS
         S/O KUNJUMON, PULLAYIL,
         NEAR PUTHUKULANGARA AYYAPPA TEMPLE,
         KILIMANOOR, THIRUVANANTHAPURAM, PIN - 691536

         BY ADV PUBLIC PROSECUTOR


     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
18.04.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 CRL.A NO. 539 OF 2023

                                 3



                            JUDGMENT

This Crl.Appeal is filed against the order passed by the

Special Court for the trial of cases under SC/ST (Prevention of

Atrocities) Act, Thiruvananthapuram (for brevity "the court

below") in Crl.M.P. No. 854/2023 dated 24.03.2023 rejecting

the bail application filed by the petitioners.

2. The petitioners are the accused Nos. 1 to 3 in Crime

No. 427/2023 of Varkala Police Station. The 4 th respondent is

the victim. The offences alleged against the petitioners are

punishable under Sections 294 (b), 365, 323, 324, 342 and

506(i) r/w 34 of the IPC and Section 3(1)(r) and 3(2)(va) of the

SC/ST (Prevention of Atrocities) Act.

3. The prosecution case in short is that on 28.02.2023 at

about 11 a.m., accused nos. 2 and 3 took the victim in a motor

cycle to a resort by name 'Vacay Nest' in Perumkulam and

accused No. 1, by uttering ugly words made the victim bent

down, beat on his back, stamped on his chest, pushed him down

and beat him using his hands. Accused Nos. 2 and 3 also beat CRL.A NO. 539 OF 2023

him and took him to another room and confined him there for

some time. Later, accused No. 1 came there and beat him on his

back by using a liquor bottle, forcefully took him in a car and

dropped in his house.

4. The petitioners have filed bail application before the

court below as Crl. M.P. No. 854/2023. The court below after

considering the entire facts, dismissed the bail application.

5. I have heard Sri. Latheesh Sebastian, the learned

counsel appearing for the petitioner and Smt. Sreeja, the

learned Senior Public Prosecutor.

6. Even though notice was served to the 4 th respondent,

there is no appearance.

7. The petitioners were arrested on 07.03.2023. The

major part of the investigation is over. I went through the FIS

and case records. The main allegation is against the accused

No. 1. As stated already, the major overtact is attributed

against accused No. 1. That apart, he has strong criminal

antecedents. Hence, I am of the view that accused No.1 cannot CRL.A NO. 539 OF 2023

be released on bail at this stage. However, considering the

overtact attributed against accused Nos. 2 and 3 and

antecedents and also the stage of investigation, I am of the view

that accused Nos. 2 and 3 can be released on bail on following

conditions;

(i) The accused Nos. 2 and 3 shall be released on bail

on executing a bond for Rs. 1,00,000/- (Rupees One

Lakh Only) each with two solvent sureties for the like

sum each to the satisfaction of the jurisdictional

Magistrate/Court.

(ii) The accused Nos. 2 and 3 shall fully co-operate

with the investigation.

(iii) The accused Nos. 2 and 3 shall appear before the

investigating officer between 10.00 a.m and 11.00 a.m

every Saturday until further orders. They shall also

appear before the investigating officer as and when

required.

CRL.A NO. 539 OF 2023

(iv) The accused Nos. 2 and 3 shall not commit any

offence of a like nature while on bail.

(v) The accused Nos. 2 and 3 shall not attempt to

contact any of the prosecution witnesses, directly or

through any other person, or in any other way try to

tamper with the evidence or influence any witnesses

or other persons related to the investigation.

(vi) The accused Nos. 2 and 3 shall not leave the State

of Kerala without the permission of the trial court.

(vii) The application, if any, for deletion/modification

of the bail conditions or cancellation of bail on the