Anil Kumar K.K vs State Of Kerala

K.Babu, J

This is an appeal filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant is the accused in Crime No.16/2024 of Mala Police Station. The offences alleged against the appellant are punishable under Sections 448 and 307 of IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The prosecution case is that on 03.01.2021 at about 5.30 p.m the appellant trespassed into the residence of the victim and voluntarily caused grievous hurt to her by using an axe. The appellant committed the above act with the knowledge that if he by that act caused death of the victim, he would be guilty of murder.

The appellant was arrested on 03.01.2024 and has been in judicial custody since then.

Though the notice was served on the victim, she did not turn up.

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

The learned counsel for the appellant submitted that the investigation is almost over. Therefore, the further detention of the appellant is not required.

The learned Public Prosecutor submitted that the Investigating Officer submitted the final report in the matter.

The learned Public Prosecutor opposed the bail plea of the appellant.

I have gone through the materials placed before this Court. Having considered the entire circumstances, including the fact that the Investigating Officer submitted the final report, I feel that the appellant is entitled to be released on bail.

(i) The Criminal Appeal is allowed.

(ii) The order dated 20.02.2024 dismissing C.M.P No.47 of 2024 passed by the Special Court for SC/ST (POA) Act Cases, Thrissur, stands set aside.

(iii) The appellant shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.