Safvan Cheruvallakkadan vs State Of Kerala
2023 Latest Caselaw 11732 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
                          1945
                  CRL.A NO.1664 OF 2023
CRIME NO.1095/2023 OF Manjeri Police Station, Malappuram
  ORDER IN CRMP 2193/2023 OF SPECIAL COURT (ATROCITIES
                 AGAINST SC/ST), MANJERI
APPELLANT/APPLICANT/ACCUSED:

         SAFVAN CHERUVALLAKKADAN
         AGED 27 YEARS
         S/O.ABOOBACKER, CHERUVALLAKKADAN HOUSE,
         N.S.S. COLLEGE ROAD, MANJERI P.O,
         MALAPPURAM DISTRICT-, PIN - 676121
         BY ADVS.
         P.C.MUHAMMED NOUSHIQ
         JAHANA SHERIN.K


RESPONDENTS/RESPONDENTS/STATE, INVESTIGATING OFFICER AND
DEFACTO COMPLAINANT:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031
    2    DEPUTY SUPERINTENDENT OF POLICE
         MANJERI, MANJERI POST,
         MALAPPURAM DISTRICT - 676121, THROUGH THE
         PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682031
    3    XXXXXXXXXX
         XXXXXXXXXX XXXXXXXXXX


         SMT. MAYA MN,GOVERNMENT PLEADER

     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                  2

Crl.Appeal No.1664 of 2023

                   P.G. AJITHKUMAR, J.
  -----------------------------------------------------------
                Crl.Appeal No.1664 of 2023
  -----------------------------------------------------------
       Dated this the 16th day of November, 2023

                             JUDGMENT

The appellant is the sole accused in Crime No.1095 of

2023 of Manjeri Police Station. His application for bail was

dismissed by the Special Court for SC/ST (POA) Act cases,

Manjeri. The said order is under challenge in this appeal filed

under Section 14A of the Scheduled Caste and Scheduled

Tribe (Prevention of Atrocities) Act, 1989 (SC/ST(POA) Act) .

2. Heard the learned counsel for the appellant and

the learned Public Prosecutor.

3. Crime No.1095 of 2023 of Manjeri Police Station

was registered alleging commission of offence punishable

under Section 376(2)(n) of the Indian Penal Code, 1860 and

Section 3(2)(v) of the SC/ST (POA) Act. The allegations are

that the appellant on giving false assurance that he would

marry the defacto complainant, committed rape on her at

her house on 10.02.2023 and 13.02.2023. She became

pregnant. Later, the appellant retracted. There is further

Crl.Appeal No.1664 of 2023

allegation that the appellant administered some stupefying

liquid and when the defacto complainant fell unconscious, he

committed rape on her.

4. The court below dismissed the application for bail

observing as follows:

"Offences alleged against the petitioner are of serious nature. Investigation is at preliminary stage. If the petitioner is released on bail, he may interfere investigation, influence or intimidate witnesses or tamper with evidence. Therefore, this petition is liable to be dismissed.

Hence, this petition is dismissed."

5. The learned Public Prosecutor opposes grant of

bail to the appellant on the ground that in the event of his

release on bail, there is every possibility for his threatening

the defacto complainant, tampering with evidence and

influencing the witnesses. The learned Public Prosecutor

submitted that investigation is over and final report has

already been filed before the court. The final report was

submitted on 10.11.2023.

6. Since the investigation is already over and the

final report submitted, retention of the appellant in judicial

Crl.Appeal No.1664 of 2023

custody may not be required. Of course, if the release of the

appellant is prejudicial to the interest of the defacto

complainant or if there is a possibility for his influencing the

witnesses or threatening the defacto complainant, he cannot

be given freedom by releasing him on bail. There is no

material to show that there is such a possibility, but there

shall be safeguard against occurring of any such incidents.

7. In these circumstances, I am of the view that the

appellant is entitled to get bail. Hence this appeal is allowed.

Order of the court below dated 29.09.2023 is set aside. The

appellant is granted bail on his executing a bond for

Rs.50,000/- (Rupees fifty thousand only) with two solvent

sureties each for the like sum to the satisfaction of the court

below and subject to the following conditions:

i) He shall report before the investigating officer on every

alternative Wednesdays between 9.30 a.m and

10.30 a.m for six months.

ii) The appellant shall not enter the local limits of Manjeri

Police Station except to comply with condition No.(i).

iii) He shall not go abroad without the permission of the

Crl.Appeal No.1664 of 2023

jurisdictional court and shall surrender his passport, and

in case he does not have a passport, he shall file an

affidavit to that effect;

iv) He shall not attempt to influence or intimidate the

defacto complainant or other witnesses;

v) During the bail period, he shall not get involved in any

offence.

If he violates any of the above conditions, bail shall be

cancelled.

Sd/-

P.G. AJITHKUMAR JUDGE PV