Benny E.V vs State Of Kerala
2023 Latest Caselaw 2035 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                         CRL.A NO. 98 OF 2023
 AGAINST THE ORDER/JUDGMENT CRMC 2894/2022 OF DISTRICT COURT &
                       SESSIONS COURT, ERNAKULAM
APPELLANT

            BENNY E.V
            AGED 54 YEARS
            ILLICKAL HOUSE, ARUVAPPARA P.O KURUPPANPADI,
            PERUMBAVOOR ERNAKULAM, PIN - 683545
            BY ADVS.
            ALIAS M.CHERIAN
            K.M.RAPHY
            BRISTO S PARIYARAM
            VIVEK RADHAKRISHNAN
            ARUN C.S.

RESPONDENTS/STATE AND DEFACTO COMPLAINANT

    1       STATE OF KERALA
            REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE
            KURUPPANPADI POLICE STATION, PERUMBAVOOR ERNAKULAM
            DISTRCIT, PIN - 683545

    2       XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX




OTHER PRESENT:

            SR.PP.RENJITH GEORGE


     THIS   CRIMINAL    APPEAL   HAVING    COME   UP   FOR   ADMISSION   ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.98 of 2023
                                   2




                           JUDGMENT

Dated this the 3rd day of February, 2023

The appellant is the 2 nd accused in Crime No.1009 of

2022 on the files of Kuruppanpadi Police Station, registered

for the offences under Sections 376, 376(2)(n), 420, 307, 379

and 506 of the Indian Penal Code read with Section 3(2)(v),

3(2)(va) of the Scheduled Caste and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

2. The crime is registered on a complaint filed by the 2 nd

respondent, alleging that the 1 st accused had committed rape

on her over a period of time by promising to marry her. The

first accused later retracted from his promise and when the 1 st

respondent questioned his conduct, she was brutally attacked

and insulted by calling her caste name. According to the

defacto complainant, the petitioner, who is the father of the 1 st

accused, had also threatened to kill her.

3. Learned counsel for the appellant contended that the

allegations are false and even if accepted, does not make out Crl.Appeal No.98 of 2023

any offence under the Scheduled Caste and Scheduled Tribes

(Prevention of Atrocities) Act against the petitioner. All the

allegations are levelled against the 1 st accused and the only

role attributed to the appellant is of having threatened the

defacto complainant. Therefore, the court below committed an

illegality in refusing anticipatory bail. It is submitted that the

appellant will co-operate with the investigation and will abide

by any conditions imposed by this Court.

4. Learned counsel for the 2 nd respondent opposed the

prayer for grant of anticipatory bail, pointing out the gravity of

offence committed by the 1st accused and contended that

appellant is equally liable, since common intention is made

out.

5. After careful scrutiny of the Case Diary, including the

statement of the defacto complainant, I find prima facie

substance in the contention that only the offence under

Section 506 of the Indian Penal Code is made out against the

petitioner. Being so, there is no reason to deny anticipatory

bail to the petitioner.

Crl.Appeal No.98 of 2023

In the result, the Criminal Appeal is allowed. The

Investigating Officer is directed to release the appellant on

bail, in event of his arrest in connection with Crime No.1009 of

2022 on the files of Kuruppanpadi Police Station. It is made

clear that the observations herein are only with respect to the

role of appellant and will have no impact on the allegations

levelled against the 1st accused.

Crl.Appeal is allowed accordingly.

Sd/-

V.G.ARUN, JUDGE smm Crl.Appeal No.98 of 2023

APPENDIX OF CRL.APPEAL NO.98/2023

PETITIONER ANNEXURES

Annexure A1 COPY OF THE PHOTOGRAPHS UPLOADED BY THE DEFACTO COMPLAINANT IN HER FACEBOOK Annexure A2 COPY OF THE FACEBOOK HOMEPAGE OF THE DEFACTO COMPLAINANT Annexure A3 COPY OF THE FIR NO.1009 OF 2022 DATED 6.12.2022 ALONG WITH FIS REGISTERED ON THE FILE OF KURUPPUMPADI POLICE STATION ANNEXURE A4 COPY OF THE REPORT DATED 6.12.2022 IN CRIME NO.1009/2022 SUBMITTED BY THE 1ST RESPONDNET BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -111, PERUMBAVOOOR REGISTERED ON THE FILE OF KURUPPANPADI POLICE STATION.

ANNEXURE A5 COPY OF THE ORDER DATED 12.01.2023 IN CRL.M.C NO.2894 OF 2022 PASSED BY THE SESSIONS COURT, ERNAKULAM IN CRIME NO.1009/2022 ON THE FILE OF KURUPPANPADI POLICE STATION, ERNAKULAM DISTRICT.