Kerala High Court
Pranav Prakash vs State Of Kerala on 30 September, 2024
Author: K.Babu
Bench: K. Babu
Crl.A.No.1780 of 2024 2024:KER:72470
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
CRL.A NO. 1780 OF 2024
CRIME NO.798/2024 OF ALUVA EAST POLICE STATION, Ernakulam
AGAINST THE ORDER DATED 07.09.2024 IN CRMC NO.5 OF
2024 OF SPECIAL COURT FOR THE TRIAL OF OFFENCES UNDER SC/ST
(PoA) ACT, 1989, ERNAKULAM
APPELLANT/ACCUSED:
PRANAV PRAKASH,
AGED 24 YEARS,
S/O. PRAKASH, RENJINI BHAVANAM, EDAVATTOM,
PERINAD, KOLLAM, KERALA, PIN - 691511
BY ADVS.
SRI.AJAI JOHN
SRI.JOSE PAUL
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 XXX XXX XXXX
XXX XXX XXXX
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.A.No.1780 of 2024 2024:KER:72470
2
K.BABU, J.
-------------------------------------------
Crl.A. No.1780 of 2024
---------------------------------------------
Dated this the 30th day of September, 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.798/2024
of Aluva Police Station. The offences alleged against the
appellant are punishable under Sections 376, 376(2)(n) and
323, 294(b) and 34 of IPC and Section 3(1)(w)(i) and Section
3(2)(v) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
3. The prosecution case:-
The appellant is not a member of Scheduled
Caste or Scheduled Tribe. The victim is a member of
Scheduled Caste. The appellant and the victim got
acquainted with each other through Facebook. The
appellant offered to marry the victim. Believing the
appellant, the victim engaged in sexual connection with him
Crl.A.No.1780 of 2024 2024:KER:72470
on 07.04.2024 at his residence and on 12.04.2024 at a
lodge near Alappuzha Railway Station. The appellant on
24.04.2024 and 25.04.2024 also engaged in sexual
connection with the victim at his residence.
4. Notice has been served on the victim. Her father
appeared and submitted that the victim is now studying in
Trichi.
5. Heard the learned counsel for the appellant and
the learned Public Prosecutor.
6. The appellant was arrested on 11.08.2024. As per
order dated 13.09.2024, this Court granted interim bail to
the appellant till 30.09.2024 on conditions.
7. The learned counsel for the appellant submitted
that the investigation is in the final stage.
8. The learned Public Prosecutor submitted that the
investigation is progressing. The learned Public Prosecutor
opposed the bail plea of the appellant.
9. Having regard to the nature of allegations, the
tenure of judicial custody undergone by the appellant and
the stage of investigation, this Court feels that this is a fit
Crl.A.No.1780 of 2024 2024:KER:72470
case in which the appellant is to be released on regular bail.
Therefore, the Criminal Appeal is allowed. The order
dated 07.09.2024 dismissing Crl.M.C.No.5/2024 passed by
the Court of the Special Judge for the Trial of Offences under
SC/ST (PoA) Act, 1989, Ernakulam stands set aside. The
interim bail granted to the appellant is made absolute on
the same terms and conditions.
Sd/-
K.BABU
JUDGE
VPK
