Akhil vs State Of Kerala And Anr

The appellant is the accused in Crime No.595 of 2020 of Kanakakunnu Police Station registered for the offences punishable under Sections 341,

294(b) and 323 IPC and Sections 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution allegations is that on 12.8.2020 at about 7.45 am, the appellant wrongfully restrained the de-facto complainant while he was

proceeding in a scooter along with his friend and abused him by calling his caste name.

The appellant was arrested on 29.10.2020 and ever since he has been in custody.

Service is complete. However, there is no appearance for the 2nd respondent.

Heard the learned counsel for the appellant and the learned senior Public Prosecutor.

It appears that the appellant is involved in six other crimes. It has been submitted by the learned senior Public Prosecutor that the appellant is on bail

in all the other crimes. It has been further submitted by the learned senior Public Prosecutor that the brother of the appellant has assured that he

would reform the appellant, once the appellant is released on bail and hence the learned senior Public Prosecutor has no serious objection in granting

bail to the appellant.

The learned counsel for the appellant has submitted that the appellant is in the verge of reformation and that his elder brother will take care of him.

It appears that the major part of the investigation is almost complete. Considering the facts and circumstances of the case, including the submission of

the learned senior Public Prosecutor and the learned counsel for the appellant and also taking into consideration of the period of detention of the

appellant, I am inclined to grant bail to the appellant. For the said reason, the order impugned is liable to be set aside.

In the result, this Criminal Appeal stands allowed, setting aside the order impugned and the court below is directed to release the appellant on bail on

condition of the appellant executing a bond for Rs.40,000/-(Rupees forty thousand only), with two solvent sureties, each for the like sum to the

satisfaction of the court concerned and subject to the following further conditions:

(i) The appellant shall report before the Investigating Officer on every Monday between 9 am and 11 am till the final report is filed.

(ii) The appellant shall not intimidate or influence the witnesses or in any way tamper with the investigation.

(iii) The appellant shall not get involved in any other offence during the pendency of this case.