Rajesh 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 accused No.2 in Crime No.401/2024 of Palaghat Town North Police Station, Palakkad District. The offences alleged against the appellant are punishable under Sections 341, 323, 324, 326, 397 and 342 of the Indian Penal Code, Sections 3 and 17 of the Kerala Money Lenders Act, Sections 4 and 3 of the Kerala Prohibition of Charging Exorbitant Interest Act and Sections 3(2)(va), 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The prosecution case is as follows: The defacto complainant borrowed a sum of Rs.50,000/- from the accused. He repaid Rs.1 Lakh towards principal and interest. The appellant and the other accused demanded more money towards interest. The defacto complainant refused to give any more money towards interest as he had already cleared the debt. Thereafter, the appellant and the other accused were living in inimical terms with the defacto complainant. On 06.04.2024 at about 10.00 a.m, the appellant and the other accused invited the defacto complainant and his friend to the house of accused No.2 and voluntarily caused grievous hurt to the defacto complainant by using a dangerous weapon. They abused the defacto complainant who belongs to the schedule caste community by calling his caste name.

The appellant was arrested on 17.04.2024. He has been in judicial custody since then.

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

Notice was served on the victim. He did not turn up.

I have gone through the case diary. The investigation is almost in the final stage.

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

Having regard to the stage of investigation and the tenure of the judicial custody undergone by the appellant, I feel that the appellant can be released on bail on conditions.

In the result,

(i) The Criminal Appeal is allowed.

(ii) The order dated 23.04.2024 dismissing C.M.P Nos.545 & 577 of 2024 passed by the Special Court for SC/ST (POA) Act Cases, Mannarkkad, 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 appellant shall appear before the Investigating Officer on all Mondays between 10.00 AM and 11.00 AM till the final report is filed.

(v) The appellant shall not try to influence or threaten the defacto complainant and other witnesses  or  attempt  to  tamper  with  the evidence.