Kerala High Court
Sachinkumar vs State Of Kerala on 13 October, 2025
2025:KER:75859
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
CRL.A NO. 1544 OF 2025
CRIME NO.2296/2022 OF KOTTAYAM WEST POLICE STATION,
KOTTAYAM
(CRIME NO.711/2024 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM)
AGAINST THE ORDER DATED 28.06.2025 IN SC NO.21 OF 2023 OF
SESSIONS COURT, KOTTAYAM
APPELLANT/RESPONDENT/ACCUSED:
SACHINKUMAR,
AGED 29 YEARS, S/O SALI,
THEKKECHIRA HOUSE, POONTHARAKAVU, AIMANAM,
KOTTAYAM, PIN - 686 015.
BY ADV SRI.JOSEPH T.JOHN
RESPONDENTS/PETITIONER/COMPLAINANT/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 STATION HOUSE OFFICER.
KOTTAYAM WEST POLICE STATION, KOTTAYAM,
PIN - 686 003.
3 APARNA RAJENDRAN,
AGED 29 YEARS, D/O.RAJENDRAN,
RESIDING AT KOCHUMUTHEDATHU HOUSE,
MARYATHURUTHU, P.O. AYMANAM, KOTTAYAM DISTRICT.,
PIN - 686 017.
BY ADV SMT. BINDHU.O.V (PP)
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
13.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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CRL.A No.1544/2025
2
JUDGMENT
This is an appeal filed under Section 14A of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (SC/ST Act), challenging the order
dated 28-06-2025 in Crl.M.P No.1744/2024 in
S.C.No.21/2023 on the file of the Court of Sessions,
Kottayam, through which the bail granted to the appellant
in Crime No.2296/2022 of Kottayam West Police Station
(which was registered alleging commission of offences
under Sections 498A and 506(ii) of the Indian Penal Code,
1860 (IPC), Section 75 of the Juvenile Justice (Care and
Protection of Children) Act, 2015, and Sections 3(1)(s) and
3(2)(va) of the SC/ST Act) has been cancelled.
2. The brief facts are as follows:
The appellant is the sole accused in Crime No.2296/2022
of Kottayam West Police Station, Kottayam district, which
has been registered alleging commission of offences
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mentioned above. By order dated 24-03-2023 in
Crl.M.P.No.756/2023 the appellant was granted regular
bail in connection with the case on conditions including
that he shall not influence or threaten any witness or
destroy or tamper with any evidence and that he shall not
get involved in any other crime while on bail. The learned
Public Prosecutor filed an application for cancellation of
bail, alleging that the aforesaid two conditions have been
violated by the appellant. The allegation was on the basis
of the registration of Crime No.711/2024 of Kottayam West
Police Station, Kottayam district, alleging commission of
offences under Sections 452, 506(i) and 323 of the IPC and
Section 3(1) of the Protection of Women from Domestic
Violence Act, 2005. The learned Sessions Judge, by the
impugned order, found that, a perusal of the First
Information Report in Crime No.711/2024 of Kottayam
West Police Station indicates that, on 28-04-2024, at about
7.10 P.M, the appellant criminally trespassed into the
residence of the de facto complainant and threatened to
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kill her, twisted her hands, and fisted her stomach. The
learned Sessions Judge found that it is settled law that if
the accused misuses liberty while on bail and indulges in
other criminal activity, the bail is liable to be cancelled.
Accordingly, the bail granted to the appellant was
cancelled by the impugned order dated 28-06-2025.
3. The learned counsel appearing for the appellant
submits that following the order dated 28-06-2025, the
appellant was arrested on 17-08-2025, and he has been in
custody since that date. It is submitted that, as on today,
the appellant has completed 57 days in custody. It is
submitted that the appellant is absolutely innocent of all
the charges leveled against him in respect of Crime
No.711/2024 of Kottayam West Police Station. It is
submitted that the appellant had gone to the house of the
de facto complainant in order to return the custody of the
child, as per Annexure-V mediation agreement (clause-(6)
of Annexure-V mediation agreement). It is submitted that a
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false allegation has been unnecessarily raised against him
only to pressurize the appellant to settle other disputes. It
is submitted that the learned Sessions Judge has not
examined the veracity of the allegations and has
mechanically passed the order cancelling the bail granted
to the appellant.
4. Heard the learned Public Prosecutor also. The
learned Public Prosecutor points out that the appellant has
criminal antecedents and he is a rowdy history sheeter of
Kottayam West Police Station. It is submitted that the
investigation into Crime No.711/2024 of Kottayam West
Police Station has been completed and a final report has
also been filed. It is submitted that the appellant clearly
violated the conditions on which he was granted bail in the
earlier case and therefore the learned Sessions Judge has
correctly cancelled the bail granted to the appellant. The
learned Public Prosecutor also confirms that notice of this
bail application was served on the de facto complainant.
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5. Having heard the learned counsel for the appellant
and the learned Public Prosecutor, I am of the view that
the appellant can be granted bail subject to conditions. It
is true that the appellant faces an allegation of having been
involved in a subsequent offence while on bail in the earlier
case. However, it is seen from Annexure-V, that the
appellant had custody of his child for specified days in a
week, and on the day in question, according to him, he had
gone into the house of the de facto complainant soley to
hand over the custody of the child back to her. When
parties are involved in domestic disputes, the possibility of
a false accusation also cannot be ruled out. Moreover, the
appellant has now been in custody for 57 days after
cancellation of bail. Therefore, I am inclined to allow this
appeal.
7. Accordingly, this appeal is allowed, and the
impugned order dated 28-06-2025 in
Crl.M.P.No.1744/2024 in S.C.No.21/2023 on the file of the
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Court of Sessions, Kottayam, will stand set aside. It is
directed that the appellant/accused shall be released on
bail in Crime No.2296/2022 of Kottayam West Police
Station, now pending as S.C.No.21/2023 in the Court of
Sessions, Kottayam, subject to the following conditions:-
i The appellant/accused shall execute a bond
for a sum of Rs. 50,000/- (Rupees Fifty
Thousand only) with two solvent sureties
each for the like sum to the satisfaction of
the jurisdictional court;
ii The appellant/accused shall appear before
the Station House Officer, Kottayam West
Police Station, Kottayam district, as and
when called upon to do so;
iii The appellant/accused shall not intimidate
the de facto complainant and shall not in any
manner act in prejudice to the interests of
the de facto complainant or other family
members of the de facto complainant;
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iv The appellant/accused 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 from
disclosing such facts to the Court or to any
Police Officer;
v The appellant/accused shall not tamper with
any evidence in the case;
vi The appellant shall not commit any offence
while on bail.
If any of the aforesaid conditions are violated, the Station
House Officer, Kottayam West Police Station, Kottayam
district, may apply to the jurisdictional Court for
cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
ats
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APPELLANT'S ANNEXURES
Annexure I A TRUE COPY OF THE FINAL REPORT DATED
07.01.2023.
Annexure II A TRUE COPY OF THE REGULAR BAIL
CANCELLATION BY FILING CMP NO 1744/2024
FILED BY THE PROSECUTION DATED
25-5-2025 BEFORE THE DISTRICT AND
SESSIONS COURT,KOTTAYAM.
Annexure III A TRUE COPY OF THE FIR IN CRIME NUMBER
711/2024 DATED 30/4/2024.
Annexure IV A TRUE COPY OF THE FINAL REPORT FOR THE
CRIME NO.711/2024 BEFORE THE KOTTAYAM
WEST POLICE STATION DATED 9/5/2024.
Annexure V A TRUE COPY OF THE ORDER AND THE
MEDIATION AGREEMENT IN MC 8/2023 BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT III KOTTAYAM DATED 3/10/2023.
Annexure VI A TRUE COPY OF THE PETITION DATED
1/5/2024.
Annexure VII A TRUE COPY OF THE DETAIL OBJECTION FOR
THE APPLICATION SUBMITTED BY THE
PROSECUTION IN C.M.P.NO.1744/2024 IN
S.C.NO.21/2023 BEFORE THE SESSIONS
COURT, KOTTAYAM.
Annexure-VIII A TRUE COPY OF THE ORDER DATED
28-6-2025 IN CRL.M.P.NO.1744/2024 IN
SC.NO.21/2023 BEFORE THE SESSIONS
COURT, KOTTAYAM.
