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HIGH COURT OF KERALA
A. BADHARUDEEN, J
VISHNU SREEKUMAR, – Appellant
Versus
STATE OF KERALA, – Respondent
Bail Appl. 4087/2024
Criminal Procedure - Code of Criminal Procedure - Sections 439, 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Summary: The court allowed the petitioner to withdraw the bail applications with liberty to file appeals under Section 14A of the SC/ST (POA) Act, as it is the proper remedy available under law.
Fact of the Case:
The petitioner filed two bail applications - B.A. No.4087 of 2024 under Section 439 of the Code of Criminal Procedure in Crime No.27 of 2020, and B.A. No.4089 of 2024 under Section 439 of the Code of Criminal Procedure in Crime No.205/2019. The prosecution alleged commission of offences punishable under various sections of the Indian Penal Code and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court:
The court allowed the petitioner to withdraw the bail applications with liberty to file appeals under Section 14A of the SC/ST (POA) Act, as it is the proper remedy available under law.
Issues: Whether the petitioner should be granted regular bail in the two criminal cases.
Ratio Decidendi: The court held that the proper remedy available to the petitioner is to file appeals under Section 14A of the SC/ST (POA) Act, instead of the bail applications.
Final Decision: The court dismissed the bail applications as withdrawn, with liberty to the petitioner to file appeals under Section 14A of the SC/ST (POA) Act.
Dated this the 23rd day of May, 2024 B.A. No.4087 of 2024 is an application for regular bail filed under Section 439 of the Code of Criminal Procedure , by the accused in Crime No.27 of 2020 of Malampuzha Police Station, Palakkad, where the prosecution alleges commission of offences punishable under Sections 452, 341, 323, 506(ii), 195(A), 201 of IPC and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred as ‘SC/ST (POA) Act’ for short).
2. B.A. No.4089 of 2024 is also at the instance of the petitioner, seeking regular bail in Crime No.205/2019 of Malampuzha Police Station, Palakkad, where the prosecution alleges commission of offences punishable under Sections 366, 376(2)(A), 306(1) of IPC, Section 119(b) of the Kerala Police Act and sections 3(1)(W)(i) and 3(2)(v) of the SC/ST POA Act.
3. The learned counsel for the petitioner sought permission to withdraw these bail applications, with liberty to file appeals under Section 14A of the SC/ST (POA) Act, as the same is the proper remedy available under law.
B.A. Nos. 4087 & 4089 of 2024 2024:KER:33886 Hence, these bail applications stand dismissed as withdrawn with liberty to file appeals challenging the orders disallowing bail passed by the Special Court.
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