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Abhilash.A vs State Of Kerala

High Court Of Kerala · Decided on 26 September 2024 · Citation: (2024) 09 KL CK 0095

HON’BLE JUDGES
K.Babu, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 294(b), 323, 406, 420 · Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r), 3(2)(va),14A
RESULT
Allowed
CASE NUMBER
Criminal Appeal No.1810 Of 2024
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Judgment

10 paragraphs · 347 words

K.Babu, J

1.

This is an appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act’). The challenge in the appeal is to the order dated 09.09.2024 in Crl.M.C.No.422 of 2024 passed by the Sessions Court, Alappuzha.

2.

The appellant is the sole accused in Crime No.567/2024 of Kareelakulangara Police Station. The appellant is alleged to have committed offences punishable under Sections 323, 294(b), 406 and 420 of IPC, and Sections 3(1)(r) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Prosecution case:-

3.

The de facto complainant, the wife of the appellant, belongs to Scheduled Caste Community. The appellant is not a member of Scheduled Caste/Scheduled Tribe community. Their marriage was solemnized on 23.03.2018. They had been living together as husband and wife in the matrimonial home. The appellant misappropriated the assets of the de facto complainant and committed breach of trust. He also voluntarily caused hurt to the victim. The appellant abused the victim by calling her caste name.

4.

The appellant was arrested on 20.08.2024 and he has been in judicial custody till then.

5.

I have heard the learned counsel for the appellant and the learned Public Prosecutor. The case diary is made available. The investigation is almost in the final stage.

6.

Having regard to the nature of allegations and the tenure of judicial custody undergone by the appellant, I feel that the appellant is entitled to be released on bail.

7.

Therefore, the Crl.Appeal is allowed. The order dated 09.09.2024 in Crl.M.C.No.422 of 2024 passed by the Sessions Court, Alappuzha stands set aside.

The appellant is ordered to be released on bail on his executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial Court. He shall appear before the Investigating Officer on the first Wednesday of every month between 10.00 AM and 11.00 AM for a period of three months or till the Final Report is filed, whichever is earlier.