Kerala High Court
Abhinandh vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 18TH DAY OF SEPTEMBER 2023/27TH BHADRA, 1945
CRL.A NO. 1354 OF 2023
AGAINST THE ORDER IN CRMP.3238/2023 OF ADDITIONAL
SESSIONS COURT-I(SPECIAL JUDGE), PALAKKAD
APPELLANT/SOLE ACCUSED:
ABHINANDH,
AGED 20 YEARS,
S/O.SUKHU,
MAMPULLI HOUSE,
ENKAKAD.P.O,
WADAKKANCHERRY,
THRISSUR, PIN - 680582
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 XXXX
BY SRI.M.P.PRASANTH, PUBLIC PROSECUTOR FOR R1.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.A. No.1354/2023
:2:
N. NAGARESH, J.
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Criminal Appeal No.1354 of 2023
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Dated this the 18th day of September, 2023
JUDGMENT
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The accused in Crime No.804/2023 of Alathur
Police Station has filed this Criminal Appeal invoking Section
14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 aggrieved by the order
dated 22.08.2023 in Crl.M.P. No.3238/2023 of the Special
Judge/ Additional Sessions Judge-I, Palakkad Division.
2. The appellant was made an accused in Crime
No.804/2023 of Alathur Police Station for offences
punishable under Section 363, 354A(1)(i) and 354A(2) IPC,
Section 9(1) and 9(p) read with Section 10 of the POCSO Act
and Section 3(2)(v) of the SC/ST (PoA) Act.
Crl.A. No.1354/2023
3. The appellant moved application under Section
439 Cr.P.C. for grant of regular bail. The Special Judge
noted that the survivor and the appellant were in love and
she had stated that on one occasion, blood veins were cut by
both of them. The Special Judge noted that the survivor was
also having deep attachment towards the appellant.
However, taking into consideration the fact that the survivor
belonged to Scheduled Caste, the bail application was
dismissed.
4. Though notice was served on the survivor through
the SHO concerned, the complainant has not turned up.
5. The criminal appeal would indicate that the
appellant is aged only 20 years and the appellant and the
survivor were in love. It is seen that they had even cut their
veins and were taken to hospital. Substantial progress has
been done in investigation of the case. The appellant has
been in custody since 19.07.2023.
6. In the circumstances, in spite of the objections
raised by the Public Prosecutor to grant of bail, I am of the
Crl.A. No.1354/2023
view that the appellant can be enlarged on bail.
7. The Criminal Appeal stands allowed. The order
dated 22.08.2023 in Crl.M.P. No.3238/2023 of the Special
Judge /Additional Sessions Judge-I, Palakkad Division is set
aside. The appellant shall be released on bail on the
following conditions:-
(i) The appellant/accused shall be released
on bail on his executing bond for ₹50,000/-
(Rupees fifty thousand only) with two solvent
sureties, each for the like amount to the
satisfaction of the Special Court concerned.
(ii) The appellant/accused shall not intimidate
witnesses or tamper the evidence. He shall
co-operate with the investigation and shall be
available for interrogation as and when directed
by the Investigating Officer.
(iii) The appellant/accused shall not leave the
jurisdiction of the Special Court without prior
permission of the court.
(iv) The appellant/accused shall not involve in
any other offence during the currency of bail
Crl.A. No.1354/2023
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/-
N. NAGARESH, JUDGE
aks/18.09.2023
