Kerala High Court
Jitheesh K vs State Of Kerala on 29 January, 2025
Criminal Appeal No.43 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946
CRL.A NO. 43 OF 2025
CRIME NO.1137/2024 OF TANUR POLICE STATION, MALAPPURAM.
AGAINST THE ORDER DATED 20.12.2024 IN CRL.M.P.NO.1284
OF 2024 ON THE FILE OF THE COURT OF THE SPECIAL JUDGE FOR
SC/ST (PoA) ACT & NDPS ACT CASES, MANJERI.
APPELLANT(S)/PETITIONERS/ACCUSED:
1 JITHEESH K.,
AGED 30 YEARS,
S/O. BALAKRISHNAN K.,KORANGOTTU HOUSE,
PARIYAPURAM P.O., TANUR,
MALAPPURAM DISTRICT, PIN - 676 302.
2 SUDARSAN,
AGED 41 YEARS,
S/O.UNNI, KORANGOTTU HOUSE, PARIYAPURAM P.O.,
TANUR, MALAPPURAM DISTRICT, PIN - 676 302.
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT(S)/STATE, COMPLAINANT & INJURED:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 THE STATION HOUSE OFFICER,
TANUR POLICE STATION,
TANUR P.O., MALAPPURAM DISTRICT,
PIN - 676 302
Criminal Appeal No.43 of 2025
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3 MR. SUBHASH,
AGED 40 YEARS, S/O. KUTTAYI,
VADAKKEDATH HOUSE, PARIYAPURAM P.O.,
TANUR, MALAPPURAM DISTRICT, PIN - 676 302.
BY ADV.VIPIN NARAYAN, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
27.01.2025, THE COURT ON 29.01.2025 DELIVERED THE FOLLOWING:
Criminal Appeal No.43 of 2025
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C.S.SUDHA, J.
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Criminal Appeal No.43 of 2025
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Dated this the 29th day of January 2025
JUDGMENT
This appeal under Section 14A of the Scheduled Castes &
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act)
has been filed by the petitioners/accused no.1 & 2 in crime
no.1137/2024 of Tanur police station, Malappuram, aggrieved by
the dismissal of their petition under Section 482 of BNSS, namely,
Crl.M.P.No.1284/2024, on the file of the Court of Special Judge for
SC/ST (PoA) Act & NDPS Act Cases, Manjeri, seeking pre-arrest
bail.
2. The prosecution case is that on 30/08/2024 at 07:30
p.m. at Mukoola junction while the victim/third respondent herein
who is a scheduled caste was leaving his work place, that is,
P.V.Service Centre after his work, the appellants/accused persons
wrongfully restrained him, abused him by calling him by his caste
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name in public view and voluntarily caused hurt to him. In the
incident, he sustained a fracture of his wrist bone.
3. Notice was issued to the victim/third respondent,
which was served on him. However, he neither appeared in person
nor through counsel.
4. It was submitted by the learned counsel for the
appellants/accused persons that this is a false case that has been
registered against them and it is only a counterblast to crime no.
1136/2024, Tanur police station, Malappuram, in which the
victim/third respondent herein is the second accused. The averments
in the FIS will not prima facie make out a case under the Act and
therefore the bar under Section 18 and 18A of the Act is not
attracted, goes the argument.
5. The application is opposed by the learned Public
Prosecutor.
6. Heard both sides.
7. Annexures A1 and A2 are the FIR and FIS in
crime no.1137/2024 of Tanur police station, that is, the present case.
Annexures A3 and A4 are the FIR and FIS in crime no.1136/2024,
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in which the victim/third respondent herein is the second accused. I
was taken through the entire allegations in Annexure A2 FIS. Going
by the statements in Annexure A2, the third respondent does not
appear to have a case that he was abused by the appellants/accused
persons in public view, and therefore, prima facie an offence under
Section 3(1)(s) of the Act is not seen made out from the materials
presently before this Court. However, it is made clear that it is for
the investigating officer to conduct necessary investigation and
produce materials to show that the offence is in fact made out. The
dispute seems to be between the appellants/accused persons and the
employer of the victim/third respondent herein. From the facts and
circumstances of the case, it appears that the present case seems to
have been registered for the purpose of bringing in the provisions of
the Act as the third respondent is a member of the scheduled caste
community whereas his employer does not appear to be so. All the
other offences alleged to have been committed, that is, Sections
126(2), 115(2), 118(1) and 117(2) read with Section 3(5) BNS seem
to be bailable offences.
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8. In these circumstances, the appellants/accused
persons are granted pre-arrest bail on the following conditions:-
i) The appellants/ accused persons in the event of
their arrest shall be released on bail on execution of
a bond to the satisfaction of the officer concerned.
ii) The appellants/accused persons shall co-operate
with the investigation and appear before the
investigating officer as and when directed.
iii) They shall not leave the country without the
prior permission of the trial Court.
iv) They shall surrender their passport to the
jurisdictional court. If the appellants do not have a
passport, they shall file an affidavit to the said effect
before the jurisdictional court within seven days of
their release on bail.
v) The appellants/accused persons shall not directly
or indirectly make any inducement, threat or
promise to any person acquainted with the facts of
the case so as to dissuade him/her from disclosing
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such facts to the Court or to any police officer.
The appeal is allowed.
Interlocutory applications, if any pending, shall stand
closed.
Sd/-
C.S.SUDHA
JUDGE
ak
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APPENDIX OF CRL.A.NO.43 OF 2025
APPELLANTS' ANNEXURES
Annexure A1 The true copy of the FIR in Crime
No.1137/2024 of Tanur Police Station dated
06.09.2024.
Annexure A2 The true copy of the statement of the
defacto complainant in Crime No.1137/2024
of Tanur Police Station dated 06.09.2024.
Annexure A3 The true copy of the FIR in Crime
No.1136/2024 of Tanur Police Station dated
06.09.2024.
Annexure A4 The true copy of the statement of the 1st
appellant in Crime No.1136/2024 of Tanur
Police Station dated 06.09.2024.
Annexure A5 The true copy of the plaint in
O.S.No.91/2023 of the Sub Court, Tirur
dated August, 2023.
Annexure A6 The true copy of the sale agreement dated
09.03.2023.
Annexure A7 The true copy of the order in I.A.No.2/2023
in O.S.No.91/2023 of Sub Court, Tirur dated
25.08.2023.
Annexure A8 The true copy of the complaint preferred by
the 1st appellant before the District
Collector, Malappuram dated 13.02.2024.
Annexure A9 The true copy of the order of the Kerala
State Pollution Control Board dated
21.08.2024.
Annexure A10 The true copy of the interim order in W.P.
(c).No.31084/2024 of this Hon'ble Court
dated 19.12.2024.
Annexure A11 The certified copy of the order in
Crl.M.P.No.1284/2024 of the Special Court
for SC/ST (POA) Act and NDPS Act Cases,
Manjeri in Crime No.1137/2024 of Tanur
Police Station dated 20.12.2024.
