Abhinandh vs State Of Kerala

N. Nagaresh, J

The accused in Crime No.804/2023 of Alathur Police Station has filed this Criminal Appeal invoking Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 aggrieved by the order dated 22.08.2023 in Crl.M.P. No.3238/2023 of the Special Judge/ Additional Sessions Judge-I, Palakkad Division.

The appellant was made an accused in Crime No.804/2023 of Alathur Police Station for offences punishable under Section 363, 354A(1)(i) and 354A(2) IPC, Section 9(1) and 9(p) read with Section 10 of the POCSO Act and Section 3(2)(v) of the SC/ST (PoA) Act.

The appellant moved application under Section 439 Cr.P.C. for grant of regular bail. The Special Judge noted that the survivor and the appellant were in love and she had stated that on one occasion, blood veins were cut by both of them. The Special Judge noted that the survivor was also having deep attachment towards the appellant. However, taking into consideration the fact that the survivor belonged to Scheduled Caste, the bail application was dismissed.

Though notice was served on the survivor through the SHO concerned, the complainant has not turned up.

The criminal appeal would indicate that the appellant is aged only 20 years and the appellant and the survivor were in love. It is seen that they had even cut their veins and were taken to hospital. Substantial progress has been done in investigation of the case. The appellant has been in custody since 19.07.2023.

In the circumstances, in spite of the objections raised by the Public Prosecutor to grant of bail, I am of the view that the appellant can be enlarged on bail.

The Criminal Appeal stands allowed. The order dated 22.08.2023 in Crl.M.P. No.3238/2023 of the Special Judge /Additional Sessions Judge-I, Palakkad Division is set aside. The appellant shall be released on bail on the following conditions:-

(i) The appellant/accused shall be released on bail on his executing bond for ₹50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the Special Court concerned.

(ii) The appellant/accused shall not intimidate witnesses or tamper the evidence. He shall co-operate with the investigation and shall be available for interrogation as and when directed by the Investigating Officer.

(iii) The appellant/accused shall not leave the jurisdiction of the Special Court without prior permission of the court.

(iv) The appellant/accused shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.