Kerala High Court
Preman Kadannapally vs State Of Kerala on 3 October, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.A NO. 1890 OF 2024
CRIME NO.433/2024 OF Viyyur Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 27.09.2024 IN CRMP
NO.982 OF 2024 OF SPECIAL COURT FOR SC/ST PREVENTION OF
ATROCITIES ACT CASES, THRISSUR
APPELLANT/S:
PREMAN KADANNAPALLY
AGED 55 YEARS
S/O.KRISHNAN P, THAMBURU, THOTTUMMAL
THALASSERY, ERANCHOLI, KANNUR, KERALA., PIN -
670649
BY ADV GAJENDRA SINGH RAJPUROHIT
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI., PIN - 682031
2 ANJU
D/O.RAVIKUMAR, KARIYITHARA HOUSE, PUTHUVYPPU
DESOM, PUTHUVYPPU VILLAGE, ERNAKULAM DISTRICT.,
PIN - 682508
BY PUBLIC PROSECUTOR SRI G SUDHEER
THIS CRIMINAL APPEAL HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl. A. No. 1890 of 2024
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K.BABU, J
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Crl.A No.1890 of 2024
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Dated this the 3rd day of October, 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 27.09.2024 in C.M.P.No.982/2024 passed
by the Court of the Special Judge for the Scheduled
Castes/Scheduled Tribes (Prevention of Atrocities) Act
Cases, Thrissur.
2. The appellant is the accused in Crime
No.433/2024 of Viyyur Police Station. He is alleged to
have committed the offences punishable under Sections
354, 354-A(1)(i), 354-A(1)(ii), 354-A(1) (iv), 354-D(1)(i)
and 509 of IPC and Sections 3(1)(w)(i), 3(1)(w)(ii) and
3(2)(va) of the Scheduled Castes and the Scheduled
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Tribes (Prevention of Atrocities) Act, 1989 (for short 'the
Act').
3. The prosecution case:-
The accused, the commanding officer of Kerala Police
Academy T9 Company, on 18.05.2024 at 6.30 hours,
dragged the defacto complainant/victim who belongs to
Pulaya community of scheduled caste, into his on body
with sexual motives, in the room of the commanding
officer of the T9 Company. Further, on 22.05.2024 at 3.00
p.m, the accused again caught hold of her left breast,
despite her protest and without her consent, in such a
way that her modesty was outraged. The accused knew
fully well that the defacto complainant belonged to the
scheduled caste. The accused does not belong to the
scheduled caste or scheduled tribe.
4. Notice was served on the victim. She did not turn
up.
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5. The appellant surrendered before the Special
Court on 27.09.2024. He filed an application seeking
regular bail. The Special Judge dismissed the application.
6. I have heard the learned Counsel appearing for
the appellant and the learned Public Prosecutor.
7. The learned counsel for the appellant submitted
that further detention of the appellant is not required in
the facts and circumstances of the case.
8. The learned Public Prosecutor opposed the bail
plea of the appellant. The Case Diary is made available.
The investigation is almost in the final stage.
Having regard to the fact that the investigation is in
the final stage, this Court is of the view that the appellant
is entitled to regular bail on conditions.
In the result,
(i) The Criminal Appeal is allowed.
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(ii) The order dated 27.09.2024 in
C.M.P.No.982/2024 passed by the Court of the
Special Judge for the Scheduled
Castes/Scheduled Tribes (Prevention of
Atrocities) 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.
(iv) The appellant shall appear before the
Investigating Officer on all Wednesdays between
10.00 AM and 11.00 AM for two months or till
the final report is filed, whichever is earlier.
(v)The appellant shall not make any contact with
the victim.
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(iv) The appellant shall not try to influence or
threaten any person conversant with the facts of
the case.
Sd/-
K.BABU JUDGE
kkj
