Kerala High Court
Saleena Sulaiman vs State Of Kerala on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023/30TH BHADRA, 1945
CRL.A NO. 1408 OF 2023
AGAINST THE ORDER IN CRMC.1622/2023 OF DISTRICT COURT &
SESSIONS COURT,THALASSERY
APPELLANT/2ND PETITIONER/2ND ACCUSED
SALEENA SULAIMAN
AGED 28 YEARS
D/O SULAIMAN,PATTISSERI HOUSE, NEDIYANGA AMSOM,
CHEMBANTHOTTI.P.O, THALIPARAMBA TALUK,
KANNUR DISTRICT, PIN - 670631
BY ADV T.V.JAYAKUMAR NAMBOODIRI
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA TO BE REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2 DEPUTY SUPERINTENDANT OF POLICE
DY.S.P OFFICE, THALIPARAMBA,
KANNUR DISTRICT,,
PIN - 670141
3 GREESHMA GOPI
AGED 26 YEARS
W/O VISHNU,, PATAPPAKARIYIL HOUSE,
NEDIYANGA AMSOM, CHEMBANTHOTTI.P.O,
THALIPARAMBA TALUK,
KANNUR DISTRICT, PIN - 670631
BY SRI.M.P.PRASANTH, PUBLIC PROSECUTOR-R1 & R2
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.A. No.1408/2023
:2:
N. NAGARESH, J.
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Criminal Appeal No.1408 of 2023
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Dated this the 21st day of September, 2023
JUDGMENT
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This appeal has been filed under Section 14A of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989. The appellant is the 2 nd accused in
Crime No.870/2023 of the Sreekandapuram Police Station.
2. The prosecution alleged that on 21.07.2023 at 7
p.m. the accused in furtherance of their common intention
had pelted stones to the house of the de facto complainant at
Chembanthotti and broken the window panes. It is alleged
that the 1st accused trespassed into the courtyard of the de
facto complainant and assaulted her in-laws and when the de
facto complainant and her son intervened, the 1 st accused
assaulted her in-laws with torch and also with hand. The de
Crl.A. No.1408/2023
facto complainant alleged that she sustained simple injury
and suffered a loss of ₹1,500/-. It has been further alleged
that the 1st accused called her caste name "Adivasi". On
these premises, the accused are alleged to have committed
offences punishable under Sections 447, 427 and 324 read
with Section 34 IPC and Sections 3(1)(s) and 3(2)(va) of the
SC/ST (PoA) Act.
3. The accused filed Crl.M.C. No.1622/2023 in the
Court invoking Section 438 Cr.P.C. seeking anticipatory bail.
The Sessions Judge held a Prima facie view that there are
sufficient materials to presume the offences under the SC/ST
(PoA) Act and therefore going by Section 18 of the SC/ST
(PoA) Act, the present petition is not maintainable.
4. Though the de facto complainant was informed of
the pendency of the appeal, she has not turned up.
5. The Public Prosecutor made available the Case
Diary. The Case Diary indicates the culpability of the father-
in-law of the de facto complainant in making problems. It
would also indicate that the investigation in respect of the
Crl.A. No.1408/2023
crime has substantially progressed. The appellant is a 28
year old lady. It is also indicated that Crime No.869/2023
has been registered in the Sreekandapuram Police Station
under Sections 451, 354, 354A, 341, 323, 324, 427, 294(b)
and 509 read with Section 34 IPC on an allegation that the
brother-in-law of the de facto complainant has demolished
the boundary wall of the 2nd accused.
6. However, the allegations made by the de facto
complainant disclose ingredients which may be sufficient to
constitute the offences alleged against the appellant.
Therefore, in the light of Section 18 of the SC/ST (PoA) Act,
pre-trial bail cannot be granted to the appellant.
7. Taking into consideration the contents of the CD
and the facts and circumstances of the case, I deem it
necessary that the Special Court considers regular bail
application, if any, filed by the appellant on the date of her
surrender/production before the court. The appellant is
directed to surrender before the investigating officer within a
period of two weeks from today. On her surrender, the
Crl.A. No.1408/2023
investigating officer can interrogate the appellant and she
shall be produced before the Special Court on the date of
surrender itself. If bail application, if any, will be filed, after
serving copy to the de facto complainant through the Station
House Officer, so as to secure her presence on the date of
surrender, the learned Special Judge is directed to consider
the regular bail application on merits, preferably on the same
day itself, or without much delay, taking note of the facts and
circumstances which led to the registration of the crime
against the appellant and also taking note of the fact that
there is no absolute bar in granting regular bail in an
appropriate case. The appellant's arrest in the crime shall
stand deferred for a period of two weeks from today.
With the afore directions, the Criminal Appeal
stands disposed of.
Sd/-
N. NAGARESH, JUDGE
aks/12.09.2023
