Rejith. R vs State Of Kerala
2023 Latest Caselaw 6302 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                       CRL.A NO. 720 OF 2023
   CRIME NO.341/2021 OF Arthungal Police Station, Alappuzha
    AGAINST THE ORDER/JUDGMENT CRMP 1796/2023 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT - II, ALAPPUZHA / II ADDITIONAL
    MACT/ LAND ACQUISITION REHABILIEATION AND RE-SETTLEMENT
                        AUTHORITY, ALAPPUZHA


APPELLANTS/PETITIONERS/ACCUSED NOS.1 AND 2

    1       REJITH. R,
            AGED 34 YEARS
            S/O. RATHNAPPAN, ELANJIKUZHY, CHERTHALA SOUTH P.O.,
            CHERTHALA, ALAPPUZHA, PIN - 688539
    2       SREEKANTH,
            AGED 34 YEARS
            S/O. SHANMUGHAN, VALLAKUNNATHU VELI, CHERTHALA SOUTH
            P.O., CHERTHALA, ALAPPUZHA, PIN - 688539
            BY ADVS.
            B.PRAMOD
            BIJU VIGNESWAR
            AYYAPPADAS V

RESPONDENTS/RESPONDENTS

            1.   STATE OF KERALA,
                 REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                  KERALA, ERNAKULAM, PIN - 682031

            2.   JISHNU,
                 S/O. GIRESH, KUNNEVELI NIVARTHIL HOUSE,
                 MAYITHARA P.O,
                 CHERTHALA

            BY PUBLIC PROSECUTOR SRI.RENJITH GEORGE


     THIS   CRIMINAL   APPEAL   HAVING    COME   UP   FOR   ADMISSION   ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No. 720 of 2023
                                   2



                              ORDER

Dated this the 12th day of June, 2023

The appellants were arrayed as accused Nos.4 and 5 in

Crime No.341 of 2023 of Arthungal police station, registered for

offences punishable under Sections 143,147, 148, 294(b), 323,

506(i), 323, 324 and 307 read with Section 149 of the Indian

Penal Code. Subsequently, the offence under Section 3(2)(va)

of the SC & ST (POA) Act was also incorporated.

2. The allegation is that the accused formed themselves

into an unlawful assembly and attacked the defacto

complainant/2nd respondent and his friend, when the latter

questioned the quality of 'Chendamelam' organised as part of

the "Thalapoli" procession in the local temple. The accused were

arrested on 27.04.2023 and are continuing in custody.

3. Learned counsel for the appellants submitted that in the

FIR and FI Statement specific overtacts were alleged against

accused Nos.1 to 3. Suprisingly, those persons were removed

from the array of accused. Consequently, Sections 143, 147, 148

and 149 of IPC, deleted. As a result, the appellants now stand Crl.Appeal No. 720 of 2023

arrayed as accused Nos.1 and 2. The offence under the SC &

ST (POA Act) was incorporated on the premise that one among

the injured belongs to the Scheduled Caste community. It is

submitted that the appellants have nothing to do with the alleged

offence and they have been wrongly arrayed as accused.

4. Learned counsel for the 2nd respondent submitted that

the appellants are total strangers and he is still unaware as to

why he was attacked by the appellants.

5. Learned Public Prosecutor opposed the prayer for bail,

pointing out that the appellants are history sheeters and their

release may result in the defacto complainant being put to peril.

Taking into account the fact that the appellants have been

in custody for almost two months and the investigation has

progressed much, bail can be granted subject to stringent

conditions. Accordingly, the following directions are issued;

i) The appellants shall be released on bail on their executing bonds for Rs.50,000/- each, with two solvent for the like amount to the satisfaction of the jurisdictional court.

ii) The appellants shall not enter the limits of the Arthungal police station for three months.

Crl.Appeal No. 720 of 2023

iii) The appellants shall not get involved in any other crime while on bail.

iv) The appellants shall not intimidate the defacto complainant or witnesses in any manner whatsoever.

If any of the conditions is violated, the Investigating Officer

can move the jurisdictional court for cancellation of bail.

The Crl. Appeal is allowed as above.

Sd/-

smm                                    V.G.ARUN, JUDGE
 Crl.Appeal No. 720 of 2023




                  APPENDIX OF CRL.A 720/2023

PETITIONER ANNEXURES
Annexure A-1      TRUE COPY OF THE F.I.R IN CRIME NO.
                  341/2023 OF ARTHUNGAL POLICE STATION
Annexure A-2      TRUE COPY OF THE REMAND APPLICATION OF
                  THE APPELLANTS FILED BY THE
                  INVESTIGATING OFFICER IN CRIME NO.
                  341/2023 BEFORE THE JFCM COURT- II,
                  CHERTHALA
Annexure A-3      TRUE COPY OF THE 1ST PAGE OF SSLC BOOK
                  OF THE 2ND APPELLANT
Annexure A-4      TRUE COPY OF THE ORDER DATED
                  15.05.2023 PASSED IN CRL. M. P. NO.
                  1796/ 2023 BY THE ADDL. SESSIONS JUDGE
                  -II, ALAPPUZHA (VACATION JUDGE)