Kerala High Court
Renjith vs State Of Kerala on 24 September, 2024
Author: K.Babu
Bench: K. Babu
CRL.A NO. 1791 OF 2024
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2024:KER:70847
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
CRL.A NO. 1791 OF 2024
CRIME NO.1134/2024 OF Kottarakkara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED 09.08.2024 IN CRMP
NO.255 OF 2024 OF SPECIAL COURT- OFFENCES UNDER SC/ST (POA)
ACT,1989,KOTTARAKKARA
APPELLANT:
RENJITH
AGED 28 YEARS
S/O BABU, PALLITHARA VEEDU, VANCHIKKUZHY, KUTTICHAL
WARD, MANNOORKARA VILLAGE, THIRUVANANTHAPURAM,
PIN - 695574
BY ADVS.
GAYATHRI MURALEEDHARAN
B.THARIF
ARATHY P.
ARCHANA B.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROCECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
CRL.A NO. 1791 OF 2024
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OTHER PRESENT:
NIMA JACOB PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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K.BABU, J.
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Crl.A.No.1791 of 2024
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Dated this the 24th 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 ('the Act' for short). The challenge in this
appeal is to the order dated 30.08.2024 in Crl.M.P
No.269/2024 passed by the Special Court for the trial of
offences under the Scheduled Castes/Scheduled Tribes (POA)
Act, Kottarakkara.
2. The appellant is the sole accused in Crime
No.1134/2024 of Kottarakkara Police Station. He is alleged to
have committed offences punishable under Sections 354,
354(b), 376, 294(b), 506 & 420 of the Indian Penal Code, and
Sections 3(1)(w)(i) and 3(2)(v) of the Act.
3. The appellant was arrested on 21.07.2024 and
has been in judicial custody since then. The appellant filed
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Crl.M.P.255 of 2024 before the Special Court for Scheduled
Castes and the Scheduled Tribes (POA) Act cases,
Kottarakkara. The learned Special Judge dismissed the
application.
4. I have heard the learned counsel for the appellant
and the learned Public Prosecutor.
5. Notice was served on the victim, but she did not
turn up.
The prosecution alleges the following:
6. The appellant and the victim were close friends.
The victim is a member of a Scheduled Caste. The appellant is
not a member of Scheduled Caste or Scheduled Tribe. The
appellant made a false promise of marriage with intent to have
sexual connection with her. On different occasions, the
appellant had sexual intercourse with the victim under the
false promise of marriage.
7. The learned Public Prosecutor opposed the bail plea
of the appellant. The learned Public Prosecutor submitted that
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the investigation is almost in the final stage.
8. Having regard to the stage of investigation and the
tenure of judicial custody undergone by the appellant, I am
inclined to grant bail to the appellant.
In the result,
(i) The Criminal Appeal is allowed.
(ii) The order dated 30.08.2024 dismissing
Crl.M.P.No.269 of 2024 passed by the Special
Court for Scheduled Caste/Scheduled Tribe (POA)
Act Cases, Kottarakkara stands set aside.
(iii) The appellant is ordered to be released on
bail on his executing bond for Rs.2,00,000/-
(Rupees Two Lakhs only) with two solvent
sureties each for the like sum to the satisfaction
of the Jurisdictional Court.
(iii) The appellant shall appear before the
Investigating Officer on all Mondays and
Wednesdays between 10.00 AM and 11.00 AM
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until further orders.
(iv) The appellant shall not maintain any contact
with the victim.
v) The appellant shall not influence or threaten
any person acquainted with the facts of the case.
vi) The appellant shall not involve in any other similar
offence while on bail.
Sd/-
K. BABU
JUDGE
saap
