Kerala High Court
Nazim @ Nazimudheen vs State Of Kerala on 11 February, 2025
Criminal Appeal No.124 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946
CRL.A NO. 124 OF 2025
CRIME NO.22/2023 OF KOLLAM EAST POLICE STATION, KOLLAM.
AGAINST THE ORDER DATED 26.11.2024 IN
CRL.M.P.NO.352/2024 IN SC NO.526 OF 2023 ON THE FILE OF THE
COURT OF SPECIAL JUDGE, SPECIAL COURT FOR SCHEDULED
CASTE/SCHEDUELD TRIBE, KOTTARAKKARA.
APPELLANT(S)/ACCUSED:
NAZIM @ NAZIMUDHEEN,
AGED 21 YEARS,
S/O REJINA BEEVI, LAKSHAM VEEDE COLONY.
NEAR MULAKKAL THYKAVU, VAYALA CHERRY,
KOTTUKAL VILLAGE, ANCHAL,KOLLAM,
PIN - 691 306.
BY ADVS.
V.I.RAHUL
SHIFA LATHEEF
RESPONDENT(S)/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682 031.
2 INSPECTOR STATION HOUSE OFFICER,
KOLLAM EAST POLICE STATION,
KOLLAM, PIN - 691 001.
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3 UDAYAMMA,
AGED 56 YEARS,
RAJENDRA BHAVAN, NEAR MUNDAN CHIRA MADAN KAVU,
MAMOODU CHERRY, KOTTANKARA VILLAGE,
KOLLAM, PIN - 686 536.
BY ADV.VIPIN NARAYAN, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
11.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.SUDHA, J.
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Criminal Appeal No.124 of 2025
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Dated this the 11th day of February 2025
JUDGMENT
This is an appeal under Section 14A of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 (the SC/ST Act) filed by the petitioner/accused in
S.C.No.526/2023 aggrieved by the order dated 26/11/2024 in
Crl.M.P.No.352/2024 by which his request for regular bail has been
dismissed by the Special Court for Scheduled Caste and Scheduled
Tribe (PoA) Act Cases, Kottarakkara.
2. The prosecution case is that the appellant/accused
on 29/12/2022 at around 04:30 p.m. brought the deceased from
Kollam beach to the old abandoned railway quarters situated near
Chemmamukku junction and sexually assaulted her in the kitchen
of the said house. When she resisted, the appellant/accused is
alleged to have smothered her. Thereafter, he took away ₹2500/- and
the mobile phone of the deceased from her bag. Therefore, as per the
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final report the accused is alleged to have committed the offences
punishable under Sections 376, 302, 392 IPC and Section 3(2)(v) of
the SC/ST Act, as the deceased/victim was a member of the
Scheduled Caste.
3. It is submitted by the learned counsel for the
appellant/accused that the accused is completely innocent of the
offences alleged against him. The police has framed the accused in
this case. The only connecting link with the accused is the mobile
phone of the deceased that was seized from the accused. The
appellant/accused never knew that the mobile phone belonged to the
deceased. The appellant/accused, who is from a broken family had
picked up the mobile phone which he found on the beach.
According to the prosecution, while the police was on patrol duty
they found the appellant/accused to be in possession of the mobile
phone, which was seized from him. Thereafter, he was arrested
alleging that he was the offender. Therefore, the argument of the
learned counsel for the appellant/accused is that there is absolutely
no evidence to connect the latter with the crime.
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4. The application is strongly opposed by the learned
Public Prosecutor on the ground that the appellant/accused has
criminal antecedents, that is, crime no.2040/2019 alleging the
commission of the offences punishable under Section 376(A)(B)
IPC and Section 3(B) read with Section 4(2) and Section 5(m)(n)
read with Section 6 of the PoCSO Act. Therefore, he submits that, if
the appellant/accused is granted bail, there is every possibility of the
appellant/accused committing similar offences. The learned Public
Prosecutor on instructions submits that there are witnesses who had
seen the appellant/accused and the victim near the scene of
occurrence before the incident. It is also submitted that the
appellant/accused does not have a permanent place of abode, and
therefore there is every likelihood of him absconding in case bail is
granted.
5. Heard both sides.
6. It is true that investigation is over and the final
report has also been filed. However, it is seen that the
appellant/accused has criminal antecedents. He also does not have a
permanent place of abode. Hence there is every possibility of the
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appellant/accused absconding. Taking into account the aforesaid
facts and the gravity of the offences committed, I am not inclined to
grant bail at this stage. I find no infirmity in the impugned order
calling for an interference by this Court.
In the result, the appeal is dismissed.
Interlocutory applications, if any pending, shall stand
closed.
SD/-
C.S.SUDHA
JUDGE
ak
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APPENDIX OF CRL.A.NO.124 OF 2025
APPELLANT'S ANNEXURES:-
ANNEXURE 1 TRUE COPY OF THE FIR IN KOLLAM EAST PS
CRIME 22/2023 DATED 03-01-2023
ANNEXURE 2 TRUE COPY OF THE REMAND REPROT OF THE
PETITIONER IN KOLLAM EAST PS CRIME 22/2023
DATED 05-01-2023
ANNEXURE 3 TRUE COPY OF THE IMPUGNED ORDER IN CRL MP
352/2024 OF THE SC/ST (POA) COURT,
KOTTARAKARA, KOLLAM DATED 26-11-2024.
ANNEXURE 4 TRUE COPY OF THE FINAL REPORT IN KUNDARA
POLICE STATION CRIME NO.2200/2022 DATED 27-
01-2023
