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Deepak vs State Of Kerala

High Court Of Kerala · Decided on 20 January 2023 · Citation: (2023) 01 KL CK 0195

HON’BLE JUDGES
Dr Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 320, 482 · Indian Penal Code, 1860 — Section 34, 294(b), 447, 506 · Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r), 3(1)(s), 3(2)(va)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 555 Of 2023
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Judgment

15 paragraphs · 371 words

Dr Kauser Edappagath, J

1.

The petitioner is the 2nd accused in S.C.No.813 of 2022 on the files of the Special Court for SC/ST Act cases, Kottarakkara (for short 'the court below').

2.

The offences alleged against the petitioner are punishable under Sections 447, 294(b), 506 r/w 34 of IPC, Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Act.

3.

The petitioner is at present abroad. Non-bailable warrant is pending against the petitioner.

4.

The learned counsel for the petitioner submits that the petitioner is prepared to surrender at the court below and to co-operate with the trial. The limited prayer of the petitioner is to give a direction to the court below to consider and dispose of his bail application on the same day itself.

5.

I have heard Sri.Syam J Sam, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Public Prosecutor.

6.

The offences involved are punishable under Sections 3(1)(r), 3(1) (s), 3(2)(va) of the SC/ST (POA) Act. Therefore, before considering the bail application, notice has to be issued to the victim and the victim has to be heard.

Hence, this Crl.M.C is disposed of as follows:

(i) The petitioner shall surrender before the court below within a period of two weeks from today.

(ii) The petitioner through his counsel shall intimate the factum of surrender to the prosecutor at least five days in advance. The copy of the bail application shall also be forwarded to the Public Prosecutor.

(iii) The prosecutor shall serve notice to the victim through concerned SHO.

(iv) The bail application filed by the petitioner shall be disposed of by the court below on the same day itself, after hearing the prosecution as well as the victim.

(v) If the presence of the victim could not be secured for any reason on the date of filing the bail application, the court below shall consider whether interim bail could be granted to the petitioner till the bail application is finally disposed of, after hearing the victim as well.

(vi) The petitioner shall serve a copy of this order to the prosecutor concerned.

(vii) Till the application for bail is finally disposed of, the non-bailable warrant pending against the petitioner shall be kept in abeyance.