Anil Kumar K.K vs State Of Kerala
2024 Latest Caselaw 9707 Ker

Kerala High Court

Anil Kumar K.K vs State Of Kerala on 4 April, 2024

Author: K.Babu

Bench: K. Babu

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE K. BABU
 THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                        CRL.A NO. 430 OF 2024
        CRIME NO.16/2024 OF MALA POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 20.02.2024 IN CMP NO.47 OF
   2024 OF SPECIAL COURT FOR SC/ST ATROCITIES ACT CASES,
                              THRISSUR
APPELLANT/ACCUSED:

            ANIL KUMAR K.K,
            AGED 45 YEARS,
            S/O KRISHNAN, KOLAPARAMBU, THURUTHUMMURI,
            MALA, PALLIPURAM P.O.,
            THRISSUR DISTRICT, KERALA, PIN - 680732
            BY ADVS.
            M.G.SREEJITH
            VIDYAJITH M.
            ROJIN DEVASSY
            BINCY JOSE


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1       STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031
    2       DEVAKI,
            W/O SUBRAMANYAN, ARIKKATT HOUSE,
            THIRUTHUMURI DESOM, POYYA VILLAGE,
            THRISSUR DISTRICT ,KEARALA,
            POYYA P.O., PIN - 680733



            BY ADV
            SRI.G SUDHEER, PUBLIC PROSECUTOR



     THIS    CRIMINAL    APPEAL   HAVING   BEEN    FINALLY   HEARD    ON
04.04.2024,    THE   COURT   ON   THE    SAME     DAY   DELIVERED    THE
FOLLOWING:
 Crl.A No.430 of 2024
                                     2

                                  K.BABU, J.
                  --------------------------------------
                            Crl.A No.430 of 2024
                  ---------------------------------------
                     Dated this the 4th day of April, 2024

                                 ORDER

This is an appeal filed under Section 14-A of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The appellant is the accused in Crime No.16/2024 of Mala

Police Station. The offences alleged against the appellant are

punishable under Sections 448 and 307 of IPC and Section 3(2)(v) of

the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

3. The prosecution case is that on 03.01.2021 at about 5.30 p.m

the appellant trespassed into the residence of the victim and

voluntarily caused grievous hurt to her by using an axe. The

appellant committed the above act with the knowledge that if he by

that act caused death of the victim, he would be guilty of murder.

4. The appellant was arrested on 03.01.2024 and has been in

judicial custody since then.

5. Though the notice was served on the victim, she did not

turn up.

6. Heard the learned counsel for the appellant and the learned

Public Prosecutor.

7. The learned counsel for the appellant submitted that the

investigation is almost over. Therefore, the further detention of the

appellant is not required.

8. The learned Public Prosecutor submitted that the

Investigating Officer submitted the final report in the matter.

9. The learned Public Prosecutor opposed the bail plea of the

appellant.

10. I have gone through the materials placed before this Court.

Having considered the entire circumstances, including the fact that

the Investigating Officer submitted the final report, I feel that the

appellant is entitled to be released on bail.

       In the result,

            (i)     The Criminal Appeal is allowed.

            (ii)    The order dated 20.02.2024 dismissing C.M.P

No.47 of 2024 passed by the Special Court for

SC/ST (POA) Act Cases, Thrissur, stands set

aside.

(iii) The appellant shall be released on bail on his

executing bond for Rs.50,000/- (Rupees Fifty

Thousand Only) with two solvent sureties each

for the like sum to the satisfaction of the

jurisdictional court.

Sd/-

K.BABU, JUDGE KAS