Sajeer vs State Of Kerala
2024 Latest Caselaw 11165 Ker

Kerala High Court

Sajeer 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. 676 OF 2024
        CRIME NO.126/2024 OF Kadakkal Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED 12.02.2024 IN CMP NO.26 OF 2024
OF SPECIAL COURT- OFFENCES UNDER SC/ST (POA) ACT,1989,KOTTARAKKARA
APPELLANT/ACCUSED:

            SAJEER
            AGED 33 YEARS
            S/O BASHEER, SAJEER MANZIL, VILAKADU, MADAVOOR P.O,
            VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 673585
            BY ADV LATHEESH SEBASTIAN


RESPONDENTS/STATE/COMPLAINANT/INJURED:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            PIN - 682031
    2       STATION HOUSE OFFICER
            KADAKKAL POLICE STATION, KOLLAM, PIN - 691536
    3       DEPUTY SUPERINTENDENT OF POLICE
            KOTTARAKARA, KOLLAM, PIN - 691506
    4       XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX
OTHER PRESENT:

            SRI E.C. BINEESH-PP


     THIS   CRIMINAL   APPEAL   HAVING      COME   UP   FOR   ADMISSION   ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.A.No. 676 of 2024
                              ..2..
 is


                        J U D G M E N T

Dated this the 16th day of April, 2024

One among the offenses canvassed against the

appellant/accused is under Section 3(2)(v) of the

Scheduled Castes/Scheduled Tribes (Prevention of

Atrocities) Act, 2015. Notice has already been

served on the victim. However, there is no

representation.

2. Heard the learned counsel for the appellant

and the Public Prosecutor.

3. The allegation is that the appellant committed

rape on the 4th respondent by extending a promise

of marriage on 24.01.2024. The 4th respondent is a

person having 45% disability. Accordingly, the

appellant is alleged to have committed offenses

under Section 354A, 366, 376(1), 376(2)(1) of the

Indian Penal Code; under Section 92(b) of the

..3..

is Rights of Persons with Disabilities Act and also

under Section 3(1)(w)(i) and Section 3(2)(v) of

the SC/ST Prevention of Atrocities Act. The

appellant was arrested on 27.01.2024 and he was in

custody till today.

4. Having heard the learned counsel for the

appellant and the learned Public Prosecutor, this

Court is of the opinion that, no useful purpose is

to be served by incarcerating the appellant any

more. The purpose of investigation/interrogation

should have been amply served by this time. The

appellant has been in the custody for the passed

more than 80 days.

5. In these circumstances, this Criminal 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

..4..

is 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 a week on Saturdays for a period of one month, and thereafter, once in two weeks on alternate saturdays for a further 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 TR