Kerala High Court
M.K. Hariharan 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. 621 OF 2024
CRIME NO.77/2024 OF Hill Palace Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.397 OF 2024 OF
ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM
APPELLANT:
M.K. HARIHARAN
AGED 70 YEARS
MARIYEL HOUSE, IRUMBANAM, SHAPPUPADY THIRUVAMKULAM,
ERNAKULAM, PIN - 682023
BY ADVS.
M.A.JOSEPH MANAVALAN
JOSEPH C.J.
RESPONDENT:
STATE OF KERALA
THROUGH SUB INSPECTOR OF POLICE, HILL PALACE POLICE
STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, PIN - 682031
SRI.G.SUDHEER.P.P
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO. 621 OF 2024
2
K.BABU, J.
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Crl.A.No.621 of 2024
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Dated this the 4th day of April, 2024
JUDGMENT
This is an appeal filed under Section 14-A of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989. The challenge in this appeal is to the order dated
13.02.2024 in Crl.M.C. No.397 of 2024 passed by the Special
Court for Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, Ernakulam Division.
2. The appellant is the accused in Crime No.77 of 2024 of
Hill Palace Police Station, Ernakulam. He is alleged to have
committed offences punishable under Section 302 of the Indian
Penal Code and Section 3(2)(v) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short
'the Act').
The prosecution case:
3. The appellant is not a member of Scheduled Caste or
CRL.A NO. 621 OF 2024
Scheduled Tribe. He is running a textile shop near Irumpanam
junction. The deceased who belongs to Scheduled Caste visited
the textile shop on 12.01.2024 at about 3.45 p.m. The appellant
intentionally inflicted a cut injury on the head of the deceased
using a chopper. The deceased succumbed to the injuries.
4. Notice was served to the son of the deceased. He
appeared in person and submitted that if the petitioner is
released on bail there is possibility that he would physically
attack him.
5. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
6. The learned counsel for the appellant submitted that
the appellant is innocent of the allegations. It is submitted that
at the time of occurrence the deceased was in a drunken
condition. The deceased entered the textile shop of the
appellant and snatched away the cash box. The appellant
restrained the deceased from taking away the cash box. A
scuffle occurred. The appellant had no intention to commit the
CRL.A NO. 621 OF 2024
alleged acts.
7. The appellant is aged seventy years. He was arrested
on 12.01.2024 and has been in judicial custody since then. The
learned Public Prosecutor submitted that the investigation is over
and the final report has already been filed. The prosecution has
no case that further detention of the appellant is required.
There is no material to substantiate the apprehension raised by
the son of the deceased.
8. Having considered the entire circumstances, including
the age of the appellant, the stage of investigation and the
tenure of the judicial custody undergone by him, 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 13.02.2024 dismissing Crl.M.C
No.397 of 2024 stands set aside.
(iii) The appellant shall be released on bail on his
executing bond for Rs.1,00,000/- (Rupees One
CRL.A NO. 621 OF 2024
Lakh only) with two solvent sureties each for the
like sum to the satisfaction of the trial court.
(iv) The appellant shall not maintain any contact
with the witnesses or threaten them.
Sd/-
K. BABU
JUDGE
saap
CRL.A NO. 621 OF 2024
PETITIONER ANNEXURES
Annexure 1 COPY OF THE ORDER PASSED IN CRLMC NO
397/2024 SESSIONS COURT ERNAKULAM DATED 13-
2-2024
Annexure 2 CERTIFIED COPY OF THE ORDER PASSED IN CRLMC
NO 703/2024 SESSIONS COURT ERNAKULAM DATED
12-3-2024
