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Judgment
17 paragraphs · 360 wordsK.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.256/2024 of Cheranalloor Police Station. The offences alleged against the appellant are punishable under Sections 509, 451, 354, 341, 323 of the Indian Penal Code and Sections 3(1)(w) and 3(2)of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The prosecution case is that on 20.04.2024 at 11.00 pm, with an intention to outrage the modesty of the defacto complainant who belongs to the scheduled caste community, the appellant trespassed into her residence. He voluntarily caused hurt to her and used criminal force to her with intent to outrage her modesty.
The appellant was arrested on 22.04.2024. He has been in judicial custody since then.
Notice has been served on the victim. She has not turned up.
Heard the learned counsel for the appellant and the learned Public Prosecutor.
The learned Public Prosecutor opposed the bail plea of the appellant.
The prosecution has not produced any material to show that the further detection of the appellant is required.
The Case Diary is made available. I have gone through the materials made available. The investigation is in the final stage. I feel that further detention of the appellant is not required.
Having regard to the facts and circumstance, I am of the view that the appellant is entitled to be released on bail.
In the result,
(i) The Criminal Appeal is allowed.
(ii) The order dated 22.042024 dismissing Crl.M.C No.1302 of 2024 passed by the Sessions (Vacation Court), Ernakulam, as against the appellant 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.
(iv) The petitioner shall appear before the Investigating Officer on all Wednesdays’ between 10 A.M.and 11 A.M for a period of two months or till the final report is filed whichever is earlier.
The appeal is allowed as above.