Kerala High Court
Chandu Chandran vs State Of Kerala on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA,
1944
CRL.A NO. 1383 OF 2022
CRL.M.P.NO.3156 OF 2022 OF SC/ST(POA) ACT,
THIRUVANANTHAPURAM.
CRIME NO.551/2022 OF ARYANAD POLICE STATION,
THIRUVANANTHAPURAM
APPELLANT/PETITIONER/ACCUSED 1 :
CHANDU CHANDRAN,
AGED 28 YEARS
VENGOTTUKAVU VADAKKUMKAA PUHENVEEDU,
PUTHUKULANGARA P.O., PUTHUKULANAGARA,
UZHAMALAKKAL, VILLAGE ELIYAVOOR MURI,
NEDUMANGADU, THIRUVANANTHAPURAM,
PIN - 695542
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
AATHIRA SUNNY
BINCY JOB
NEEMA NEERACKAL
K.S. SANDEEP
RESPONDENTS/RESPONDENTS/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
ARYANAD POLICE STATION,
THIRUVANANTHAPURAM,
PIN - 695542
BY SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.Appeal Nos.1383 and
1394 of 2022
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
CRL.A NO. 1394 OF 2022
CRL.M.P.NO.3156 OF 2022 OF SC/ST(POA) ACT,
THIRUVANANTHAPURAM.
CRIME NO.551/2022 OF ARYANAD POLICE STATION,
THIRUVANANTHAPURAM
APPELLANT/ACCUSED NO.2:
ANU F.,
AGED 27 YEARS, S/O. FRANCIS
RESIDING AT ANU BHAVAN,
KAVIYAKODE, CHANGE P.O.,
ARYANADU, THIRUVANANTHAPURAM - 695542
BY ADV RAYJITH MARK
RESPONDENTS/STATE & DEFACTO COMPLAINANT :
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
2 SARATH KUMAR
AGED 36 YEARS, S/O. SASI GIRINAGAR,
MELECHIRA, KOTTAKKAKOM MURY,
ARYANAD, THIRUVANANTHAPURAM-695542
BY SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.Appeal Nos.1383 and
1394 of 2022
..3..
A.BADHARUDEEN, J.
--------------------------------------------------------
Crl.Appeal Nos.1383 and 1394 of 2022
--------------------------------------------------------
Dated this the 12th day of January, 2023
COMMON JUDGMENT
These are appeals filed challenging dismissal of
Crl.M.P.No.3156 of 2022 as per order dated 19.12.2022 by
the learned Special Judge under the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act
(hereinafter referred to as the 'SC/ST Act' for
convenience), Thiruvananthapuram.
2. The appellants are the accused in Crime
No.551 of 2022 of Aryanad Police Station, where the
prosecution alleges commission of offences under
Sections 294(b), 451, 341, 323, 324, 327 and 506(i)
Crl.Appeal Nos.1383 and
1394 of 2022
..4..
read with 34 of the Indian Penal Code as well as under
Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.
3. Heard the learned counsel for the
appellants and learned Public Prosecutor. Although notice
was issued to the defacto complainant as mandated under
Section 15A(3) of the SC/ST Act, he did not appear.
4. The prosecution case runs as under;
The prosecution alleges that accused Nos.1 to 3
who do not belong to SC/ST community on 02.08.2022 at
about 5.30 p.m. trespassed upon the courtyard of the
house of the defacto complainant, who belonged to
Scheduled Caste Community, abused him and thereafter
the accused called his caste name with intention to
humiliate him within public view. Prosecution would allege
that accused Nos.1 to 3 manhandled the defacto
complainant with intention to do away him since the
defacto complainant demanded Rs.10,000/- agreed to be
Crl.Appeal Nos.1383 and
1394 of 2022
..5..
paid as commission for unloading of sand, as he mediated
the same.
5. In an earlier occasion, when the
anticipatory bail plea at the instance of the appellants was
dismissed by the learned Special Court, the appellants
filed Crl.Appeal No.1057 of 2022 before this Court. While
dismissing the same by confirming the order of the
Special Judge, this Court directed the appellants to
surrender before the Investigating Officer.
6. It is submitted by the learned counsel for
the appellants that in obedience of the order of this Court,
the appellants surrendered before the Special Court on
29.11.2022 and in turn, they were remanded to judicial
custody and they are continuing in judicial custody.
Thereafter, the regular bail plea at the instance of the
appellants was dismissed by the learned Special Judge as
per the impugned order.
Crl.Appeal Nos.1383 and
1394 of 2022
..6..
7. The learned counsel for the appellants
would submit that the defacto complainant is an accused
in a murder case and the motive behind the crime is non-
payment of gunda fee demanded by the defacto
complainant. He also pointed out that the appellants have
no other criminal antecedents and the purpose of
investigation keeping their custody is already over.
Therefore, the appellants may be released on bail and are
ready to be abide the conditions imposed by this Court for
releasing them on regular bail.
8. The learned Public Prosecutor opposed the
bail and submitted that very serious brain injury was
caused to the defacto complainant and the investigation is
on the midway. Therefore, immediate release of the
appellants would stall the investigation.
9. In this case, the appellants have been in
custody from 29.11.2022 and they have no antecedents.
Crl.Appeal Nos.1383 and
1394 of 2022
..7..
Perusal of the case diary would go to show that the
allegations are prima facie established. However, it is
noticed that the appellants have no criminal antecedents
and the investigation is on the midway.
In the above circumstances, further custody of
the appellants is not required for any purpose. As such,
they can be enlarged on bail on conditions. Accordingly,
the order impugned stands set aside and these appeals
stand allowed on the following conditions:
i. The appellants/accused shall be released on
bail on their executing bond for Rs.30,000/- (Rupees
Thirty Thousand Only) each with two solvent sureties,
each for the like amount to the satisfaction of the Special
Court concerned.
ii. The appellants/accused shall not intimidate
witnesses or tamper the evidence. They shall co-operate
with investigation and trial and shall be available for trial.
Crl.Appeal Nos.1383 and
1394 of 2022
..8..
iii. The appellants/accused shall not leave the
jurisdiction of the Special Court without prior permission
of the court.
iv. The appellants/accused shall not involve in
any other offence during the currency of bail and any such
event, if reported to came to the notice of this court, the
same shall be a reason to cancel the bail hereby granted.
Sd/-
A.BADHARUDEEN, JUDGE
rkj
Crl.Appeal Nos.1383 and
1394 of 2022
..9..
APPENDIX OF CRL.A 1383/2022
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE ORDER DATED
25.10.2022 IN CRL.A NO. 1057 OF 2022
Crl.Appeal Nos.1383 and
1394 of 2022
..10..
APPENDIX OF CRL.A 1394/2022
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE FIR ALONG WITH FIS
IN CRIME NO. 551/2022 OF ARYANAD
POLICE STATION, THIRUVANANTHAPURAM
DISTRICT
ANNEXURE B FREE COPY OF ORDER IN CRL. M. P.
NO.3156/2022 DATED 19.12.2022 OF THE
SPECIAL JUDGE (SESSIONS JUDGE),
SPECIAL COURT FOR TRIAL OF CASES UNDER
SC/ST (POA) ACT, THIRUVANANTHAPURAM
