Sandeep Saju 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 Act’ for short) r/w Section 483 of the Bharatiya Nagarik Suraksha Sanhitha, 2023. The challenge in this appeal is to the order dated 04.07.2024 in Crl.M.P.No.2224 of 2024 passed by the Special Court for the trial of the offences under the Scheduled Castes and the Scheduled Tribes (POA) Act, Alappuzha.

The appellant is the accused in Crime No.148 of 2017 of Haripad Police Station. He is alleged to have committed the offences punishable under Section 302 of IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (POA) Act.

The prosecution case:-

The appellant,on 24.01.2027 at 5.30 p.m., due to previous animosity towards one Ullas, the de facto complainant, who belongs to a Scheduled Caste, stabbed on his chest, hand, leg and stomach with a knife causing fatal injuries. On 31.01.2017, the de facto complainant succumbed to injuries.

Though notice was served on the additional respondents 3 to 5, they did not turn up. I have heard the learned counsel for the appellant and the learned Public Prosecutor.

The investigating agency submitted the Final Report before the Special Court. The Court took cognizance of the offence. The appellant was initially arrested on 25.01.2017 and released on bail on 04.05.2017. The Court proceeded with the trial. During the trial, the appellant absconded and the case against him was transferred to the register of long pending cases as L.P.No.12/2020. On 02.04.2024, he was again arrested and produced. The appellant has been in judicial custody since then.

The learned counsel for the appellant submitted that the appellant is innocent of the allegations levelled against him. It is further submitted that his further detention is not required. The learned counsel also submitted that he is prepared to comply with any conditions for his release on bail.

The learned Public Prosecutor opposed the bail plea of the appellant on the ground that he has criminal antecedents. It is also submitted that the appellant has been included in the ‘rowdy list’.

This is a case where the investigating agency submitted Final Report. The appellant is ready to abide by any condition for his release on bail. The fact that he is accused in some other cases is not a ground to curtail his liberty. The prosecution has not placed any material to show that the release of the appellant would in anyway interfere with the trial of the case.

Having considered the entire circumstances, I am of the view that the appellant is entitled to be released on bail, on conditions.

In the result, the Criminal Appeal is allowed. The order dated 04.07.2024 in Crl.M.P.No.2224 of 2024 passed by the Special Court for the trial of the offences under the Scheduled Castes and the Scheduled Tribes (POA) Act, Alappuzha, stands set aside.

(a) The appellant shall be released on bail on his executing bond for Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The appellant shall appear before the trial Court on all posting days.

(c) The appellant shall appear before the Dy.Superintendent of Police, Kayamkulam, on the first and last Sundays of every month between 10.00 A.M. and 11.00 A.M..

(d) He shall not involve in any other offence while on bail.

(e) The appellant shall not contact any of the prosecution witnesses in the case.

(f) If any of the bail conditions are violated by the appellant, the jurisdictional Court will be at liberty to cancel the bail, in accordance with law.