Unnikrishnan P 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.1442/2023 of Manjeri Police Station. The offences alleged against the appellant are punishable under Sections 324 and 307 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The prosecution case is that on 01.12.2023 at 8.00 p.m, the appellant stabbed the defacto complainant, who belongs to the scheduled caste, with a sharp edged weapon with an intention to murder him and caused serious injury to him.

The appellant was arrested on 02.12.2023. He has been in judicial custody since then.

Notice has been served on the victim.  He has not turned up.

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

The learned counsel for the appellant submitted that the investigation is over and the further detection of the appellant is not required.

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

The learned Public Prosecutor submitted that after completing the investigation final report has already been submitted.

The prosecution has not produced any material to show that the further detection of the appellant is required.

Having considered the fact that the final report has already been submitted before the jurisdictional Court, 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 19.01.2024 dismissing Crl.M.P No.54 of 2024 passed by the Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri, 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.