Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 CRL.A NO. 170 OF 2020 AGAINST THE ORDER IN CRL.MP NO.319/2020 DATED 27.01.2020 OF SESSIONS COURT, ALAPPUZHA IN CRIME NO.1548 OF 2019 OF ALAPPUZHA SOUTH POLICE STATION APPELLANTS/ACCUSED NO:1 & 2: 1 SHEEJA S, AGED 43 YEARS, W/O. SUDHARSHANA BABU, KOLATHU PARAMBU, PALACE WARD, MULLACKAL VILLAGE, ALAPPUZHA. 2 SUDHARSHANA BABU, AGED 60 YEARS, S/O. RAJAPPAN, KOLATHU PARAMBU, PALACE WARD, MULLACKAL VILLAGE, ALAPPUZHA. BY ADVS.SRI. AJMAL V. A. SRI.T.H.ABDUL AZEEZ SRI.K.SHAMEER MOHAMMED RESPONDENTS/DE-FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 SATHEESHAN P, S/O.K.K. PARAMESHWARAN, PARVATHY, PALACE WARD, MULLACKAL, ALAPPUZHA, PIN-688011. ADDL.R3 IMPLEADED MRS.REVAMMA, W/O SATHEESHAN P, AGED NOT KNOWN, RESIDING AT ADDL.R3 PARVATHY, PALACE WARD, MULLAKKAL VILLAGE, IRUMPU PALAM P.O, ALAPPUZHA-688011. IS IMPLEADED AS PER ORDER DATED 18/5/2020 IN CRL.MA 1/2020.
R1 BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH BY ADVS.SRI.C.P.ANIL RAJ SRI.JOSE ANTONY R3 BY ADV.SRI.SADCHITH.P.KURUP THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-
JUDGMENT
Dated this the 30th day of November, 2021 This appeal is directed against an order passed by Court of
Sessions, Alappuzha (for short ‘the court below’) in Crl.M.P. No.319/2020. Crl.M.P.No.319/2020 is an application filed by the appellants before the court below seeking for pre-arrest bail under Section 438 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’). The court below has dismissed the petition for the reason that the allegations are sufficient prima facie to attract the offences. The court below had further observed that sufficient materials are also there to gather violation of the interim order of injunction passed by the court below.
This Court notices on a perusal of the First Information Statement which formed basis for registration of the crime in question that the allegations are satisfactory to prima facie attract the offences alleged against the petitioners. The offences alleged -:3:-
include Sections 3(1)(f), 3(1)(g), 3(2)(v), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Therefore, the bar under Section 18 and 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 would be applicable against exercise of jurisdiction under Section 438 Cr.P.C.
The court below has rightly declined to grant pre-arrest bail to the petitioners. The Appeal fails and is dismissed. Sd/- MARY JOSEPH JUDGE MJL -:4:- APPENDIX PETITIONERS’ ANNEXURES: ANNEXURE- 1 TRUE COPY OF THE ORDER PASSED BY THE SESSION’S JUDGE, ALAPPUZHA IN CRL.M.P.NO.319/2020 DATED 27.01.2020. ANNEXURE- 2 TRUE COPY OF THE FIR IN CRIME NO. 1548 OF 2019 ON THE FILE OF ALAPPUZHA SOUTH POLICE STATION. ANNEXURE- 3 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE SESSION’S COURT, ALAPPUZHA. ANNEXURE- 4 TRUE COPY OF THE COMMISSION REPORT FILED BEFORE THE MUNSIFF'S COURT, ALAPPUZHA IN O.S NO. 906/2017. RESPONDENTS’ ANNEXURES: NIL TRUE COPY P A TO JUDGE