Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH WEDNESDAY, THE 17TH DAY OF AUGUST 2022 / 26TH SRAVANA, 1944 CRL.A NO. 13 OF 2022 AGAINST THE ORDER DATED 08.12.2021 IN C.M.P.NO.558/2021 OF THE SPECIAL COURT FOR SC/ST(POA) ACT, MANNARKKAD CRIME NO.1934/2021 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD PETITIONER: 1 EASWARAN, AGED 45 YEARS, VENNAKKARA, CHALAPARAMBU, THIRUNELLAYI,PALAKKAD, PIN - 678004 2 PRAKASAN, AGED 42 YEARS, VENNAKARA, PARAKULAM, PIN - 678004 BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: 1 STATE OF KERALA REP. BY DYSP PALAKKAD THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PALAKKAD PALAKKAD, PIN - 678004 2 PARAMESWARAN, AGED 42 YEARS, PARAKULAM, THIRUNELLAYI, PALAKKAD, PIN - 678004 R1 BY SRI.V.S.SREEJITH, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 17th day of August, 2022 This appeal is filed challenging an order passed by Special Court for SC/ST (POA) Act, Mannarkkad (for short ‘the court below’) in C.M.P.No.558/2021.
2. C.M.P.No.558/2021 is an application filed by the
appellants who are accused Nos.1 and 5, under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking for pre-arrest bail. The application was dismissed by the court below in view of the bar incorporated under Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST (POA) Act’) against exercise of jurisdiction under Section 438 Cr.P.C. It is urged by the learned counsel that the appellants had no acquaintance with the defacto complainant and they actually arrived at the spot to attack some other person. The defacto complainant intervened in the incident and thus sustained some injuries. According to him the appellants were not aware of the caste of the defacto complainant at the relevant time of commission of the offences so as to attract Sections 3(2)(v) and 3(2)(va) of SC/ST (POA) Act.
3. The learned Public Prosecutor on instructions submitted that the offences alleged are attracted and that the impugned
order being passed by the court below legally and properly, is not
liable to be interfered with. The learned Public Prosecutor has also handed over the Case Diary relating to Crime No.1934/2021 of Town South Police Station, Palakkad for perusal.
4. It is indicated from the averments of the first informant
that the defacto complainant was known to the appellants. The crime registered against the appellants also incorporates a grave offence under Section 326 of the Indian Penal Code, 1860 (for short ‘IPC’). In the above circumstances, this Court is declined to direct the release of the appellants, in the event of their arrest.
Appeal fails for the reasons and therefore, is dismissed. If the appellants intend to surrender they can do so and in case applications seeking regular bail is preferred by them before the court below, those shall be considered and appropriate orders shall be passed with immediate effect. Sd/- MARY JOSEPH JUDGE NAB APPENDIX OF CRL.A 13/2022 PETITIONERS’ ANNEXURES: ANNEXURE 1 COPY OF FIR IN CRIME 1934/9021 OF TOWN ANNEXURE 2 COPY OF FIR IN CRIME 1935/9021OF TOWN RESPONDENT’S ANNEXURES: NIL //TRUE COPY// P A TO JUDGE