Vishnu M 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). The challenge in this appeal is to the order dated 26.06.2024 in Crl.M.P.No.668 of 2024 passed by the Special Court for the trial of the offences under the Scheduled Castes and the Scheduled Tribes (POA) Act & NDPS Act Cases, Manjeri.

The appellant is the accused in Crime No.600 of 2024 of Nilambur Police Station. He is alleged to have committed offences punishable under Sections 376(2)(n) of IPC and Section 3(2)(v) of the Act.

The prosecution case:-

The appellant is not a member of the Scheduled Caste or Scheduled Tribe. Respondent No.2/ the de facto complainant is a member of a Scheduled Caste. The appellant was the friend of the de facto complainant. He indulged in sexual relationship with the de facto complainant on many occasions in August, 2023 and thereafter till 19.03.2024. Though the de facto complainant resisted, the appellant indulged in forceful sexual intercourse with her. He offered to marry the de facto complainant.

When the appellant refused to marry her, the de facto complainant filed a complaint on 02.05.2024 before the Police.

The appellant was arrested on 03.05.2024 and has been in judicial custody since then.

Notice was served to the victim through the SHO concerned. She did not turn up. I have heard the learned counsel for the appellant and the learned Public Prosecutor.

The learned counsel for the appellant submitted that since the investigating agency submitted Final Report in the matter, further detention of the appellant is not required.

The learned Public Prosecutor submitted that the investigating agency submitted Final Report in the matter.

Having regard to the fact that the appellant has been in judicial custody since 03.05.2024 and the investigating agency has already submitted Final Report, 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 26.06.2024 in Crl.M.P.No.668 of 2024 passed by. the Special Court for the trial of the offences under the Scheduled Castes and the Scheduled  Tribes  (POA)  Act  &  NDPS  Act  Cases, Manjeri, stands set aside. The appellant is ordered to be released on bail on the following conditions:-

(a) 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.

(b) The appellant shall not maintain any contact with the victim.

(c) The appellant shall not leave the State of Kerala without the permission of the trial Court.

(d) The appellant shall not try to influence or threaten the prosecution witnesses or attempt to tamper with the evidence.