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2022 Supreme(Online)(KER) 21231
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 4TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943
CRL.A NO. 874 OF 2021
AGAINST THE ORDER IN CRL.MC NO.2373/2021 OF 1ST ADDITIONAL SESSIONS JUDGE (IN
CHARGE OF SESSIONS JUDGE), COURT OF SESSIONS, ERNAKULAM.
APPELLANT/ACCUSED:
VASU K.V.,
AGED 70 YEARS,
S/O.VELAYUDHAN,
KOLLAMAVUDI HOUSE,
KOTTAPPADY,
ERNAKULAM DISTRICT.
BY ADV BINU PAUL
RESPONDENTS/STATE&DE-FACTO COMPLAINANT:
1
STATE OF KERALA,
REPRESENTED.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 018
2
INSPECTOR OF POLICE
KOTTAPPADY POLICE STATION,
KOTTAPPADY 686 692
3.
XXXXX
BY ADV SMT.AMBIKA DEVI S, SPECIAL.GOVERNMENT PLEADER.
(ATROCITIES AGAINST WOMEN AND CHILDREN AND WELFARE OF WOMEN AND
CHILDREN)
SMT.SHEEBA THOMAS,(PUBLIC PROSECUTOR)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 04.01.2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO.874/2021 2
An accused is entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, if the investigation is concluded and a final report has been laid against him.
Headnote:
BAIL - SECTION 439 CR.P.C - APPELLANT/ACCUSED - OFFENCES PUNISHABLE UNDER SECTIONS 447, 354, 354(A),(1)(I) IPC READ WITH SECTION 3(1)(W)(I) AND 3(2)(VA) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 - INVESTIGATION CONCLUDED AND FINAL REPORT LAID - BAIL GRANTED SUBJECT TO CONDITIONS.
Fact of the Case:
The appellant/accused was arrested and charged with offences punishable under Sections 447, 354, 354(A),(1)(i) IPC read with Section 3(1)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant/accused filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, which was dismissed by the court below.
Finding of the Court:
The court found that the investigation in the case was concluded and a final report chargesheeting the appellant/accused for the offences alleged was laid before the court.
Issues: Whether the appellant/accused should be granted bail under Section 439 of the Code of Criminal Procedure, 1973.
Ratio Decidendi: The court held that since the investigation was over and the Final Report had been laid against the appellant/accused, the appeal should be allowed and bail should be granted to the appellant/accused.
Final Decision: The appeal was allowed and bail was granted to the appellant/accused on execution by him of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the likesum to the satisfaction of the court below and subject to conditions as mentioned in the order.
JUDGMENT
Dated this the 04th day of January, 2022.
An order passed by First Additional Sessions Judge, (In charge of the Principal Sessions Judge), Court of Sessions, Ernakulam (for short, ‘the court below’) in Crl.M.C No.2373/2021 in Crime No.554/2021 of Kottapady Police Station, Ernakulam is assailed in the petition on hand. Crl.M.C No.2373/2021 was an application filed by the appellant/accused before the court below under Section 439 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) seeking for regular bail.
2. Crime No.554/2021 was registered against the appellant/accused by Kottapady Police Station, alleging commission of offences punishable under Sections 447, 354, 354(A),(1)(i) IPC read with Section 3(1)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SC/ST(POA) Act’). The court below has dismissed the application vide the order assailed for the reason that the investigation in the case was only on it’s move and it’s apprehension that the victim and her relatives will be subjected to criminal intimidation and assault at the hands of the accused on enlarging the appellant on bail. The court below has also observed about the likelihood of the appellant to tamper with the evidence and to repeat the commission of similar offences. Accordingly, the petition was dismissed.
3. The learned Public Prosecutor was directed to file a detailed report regarding the allegations against the appellant/accused. According to her, the investigation in the case is already concluded and a final report chargesheeting the appellant/accused for the offences alleged was laid before the court on 03.12.2021.
4. Since the investigation is over and the Final Report has been laid against the appellant/accused, the appeal is only to be allowed.
5. In the result, appeal stands allowed and bail stands granted to the appellant/accused on execution by him of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the likesum to the satisfaction of the court below and subject to conditions as hereinbelow mentioned:
1. The appellant shall surrender his passport before the court below within a period of one week or in case of his non-
possession of one, shall file an affidavit stating the reasons within a period of one week from the date on which he was released from custody.
2. The appellant shall not directly or indirectly make any inducement, threat or promise to the victim or to any of her relatives acquainted with the facts of the case so as to dissuade the person from disclosing such facts to the Court or to any Police Officer.
3. The appellant shall co-operate with the proceedings of the court below during trial without failure.
4. The appellant shall not tamper with the evidence or influence the witnesses.
5. The appellant shall not visit the house where the victim is staying and shall not repeat the acts alleged or involved in any offences while on bail.
In case of violation of any of the above conditions, the court below is empowered to pass orders of cancellation of bail, on being apprised and convinced of those.
