Kerala High Court
Unnikrishnan P vs State Of Kerala on 15 February, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
CRL.A NO. 184 OF 2024
CRIME NO.1442/2023 OF MANJERI POLICE STATION, MALAPPURAM
CRMP 54/2024 OF SPECIAL COURT FOR SC/ST (POA)ACT & NDPS ACT CASES,
MANJERI
APPELLANT/ACCUSED:
UNNIKRISHNAN P,
AGED 27 YEARS,
S/O. BALAKRISHNAN, PAMBADI HOUSE, PUTHIYA VAZHIKADAVU,
ELANKUR, MANJERI, MALAPPRUAM DISTRICT, PIN - 676122
BY ADV K.RAKESH
RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER,
MANJERI POLICE STATION,
MALAPPURAM DISTRICT, PIN - 676121
3 SAJITH,
AGED 28 YEARS,
S/O. RAMAN, NECHIKODAN HOUSE, PORUR P.O.,
KOTTAKKUNNU, MALAPPURAM DISTRICT, PIN - 679339
BY ADV
SRI.G SUDHEER, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.A No.184 of 2024
2
K.BABU, J.
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Criminal Appeal No.184 of 2024
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Dated this the 15th day of February, 2024
JUDGMENT
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.1442/2023 of
Manjeri Police Station. The offences alleged against the appellant
are punishable under Sections 324 and 307 of the Indian Penal
Code 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 01.12.2023 at 8.00 p.m, the
appellant stabbed the defacto complainant, who belongs to the
scheduled caste, with a sharp edged weapon with an intention to
murder him and caused serious injury to him.
4. The appellant was arrested on 02.12.2023. He has been in
judicial custody since then.
5. Notice has been served on the victim. He has not turned
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 over and the further detection of the appellant is
not required.
8. The learned Public Prosecutor opposed the bail plea of the
appellant.
9. The learned Public Prosecutor submitted that after
completing the investigation final report has already been
submitted.
10. The prosecution has not produced any material to show
that the further detection of the appellant is required.
11. Having considered the fact that the final report has already
been submitted before the jurisdictional Court, I am of the view that
the appellant is entitled to be released on bail.
In the result,
(i) The Criminal Appeal is allowed.
(ii) The order dated 19.01.2024 dismissing Crl.M.P
No.54 of 2024 passed by the Special Court for
SC/ST (POA) Act & NDPS Act Cases, Manjeri,
as against the appellant 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
