Kerala High Court
Favas M P vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024/27TH CHAITHRA, 1946
CRL.A NO.692 OF 2024
CRIME NO.60/2024 OF VAZHAKKAD POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 02.04.2024 IN CRMC NO.339
OF 2024 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST),
MANJERI
APPELLANT/PETITIOINER/ACCUSED:
FAVAS M.P, AGED 26 YEARS, S/O.HAMZA,
MAKKATTUPARAMBIL HOUSE, FAROOK COLLEGE P.O,
KOZHIKODE DISTRICT, PIN - 673632.
BY ADVS.
P.VENUGOPAL
SRILAKSHMI T.S.
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 STATION HOUSE OFFICER, VAZHAKKAD POLICE STATION,
VAZHAKKAD P.O,
MALAPPURAM DISTRICT, PIN - 673640.
3 BALAN P.M, AGED 51 YEARS, S/O.KRISHNAN,
PADINHARAYIL MEETHAL HOUSE,
KUNNATHARA ULLYERI P.O,
KOZHIKODE DISTRICT, PIN - 673620.
BY ADV. SRI.E.C.BINEESH, LEARNED PUBLIC
PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.A.No.692 of 2024
- 2 -
O R D E R
Dated, this the 16th April, 2024
Heard the learned Public Prosecutor and the
learned counsel for the appellant.
2. Learned Public Prosecutor would submit that
the defacto complainant was served with notice
through the S.H.O. A copy of the same, which
contains the endorsement of the defacto
complainant has been handed over.
3. The appellant is the accused in Crime
No.60/2024 of Vazhakkad police station. The
offences alleged are under Section 306, read with
Section 34 of Indian Penal Code, and also, under
Section 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.
4. The allegation is that the appellant, who
was having an affair with the deceased, a
member of the scheduled caste, ignored her
- 3 -
and decided to marry another girl. The
deceased informed the proposed girl about the
affair, whereupon the appellant threatened
the deceased. The father of the petitioner,
as also, the father of the proposed girl met
the deceased at her house and they also
threatened her. Due to mental stress and
fear, the deceased committed suicide. The
accused person had thus abetted the suicide
of the victim.
5. Having heard the learned counsel appearing
for the appellant, as also, the learned
Public Prosecutor, this Court notice that the
appellant has been in the custody for the
past 65 days, from 12.02.2024, namely the
date of his arrest. The purpose of
interrogation would have been amply served by
this time. This Court therefore finds no
reason to incarcerate the appellant any more.
- 4 -
6. In the circumstances, this Crl.Appeal is
allowed and the appellant is directed to be
enlarged on bail, subject to the following
conditions:
i) The appellant shall execute a bond for
Rs.25,000/- (Rupees Twenty Five
Thousand Only) with two solvent
sureties, each for the like sum to the
satisfaction of the trial court.
ii) The appellant shall appear before the
Investigating Officer once in two
weeks, on alternate Saturdays, for a
period of one month and thereafter, as
and when required by the Investigating
Officer to do so in writing.
iii) The appellant shall not intimidate or
influence the witnesses. Nor he shall
tamper with the evidence.
iv) The appellant shall not indulge any
similar crime while released on bail.
v) The appellant shall fully co-operate
with the investigation.
Sd/-
C.JAYACHANDRAN, JUDGE
ww
- 5 -
PETITIONER'S ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE ORDER DATED 24-02-2024
PASSED BY THE SPECIAL COURT FOR SC/ST
(POA) ACT & NDPS ACT CASES, MANJERI IN
CRL. MISC. PETITION NO:162/2024.
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 19-03-2024
PASSED BY THE SPECIAL COURT FOR SC/ST
(POA) ACT & NDPS ACT CASES, MANJERI IN
CRL. MISC. PETITION NO:271/2024.
ANNEXURE 3 CERTIFIED COPY OF THE ORDER DATED 02-04-
2024 PASSED BY THE SPECIAL COURT FOR
SC/ST (POA) ACT & NDPS ACT CASES,
MANJERI IN CRL. MISC. PETITION
NO:339/2024.
