DON BABY vs THE SUB INSPECTOR OF POLICE - 2022 Supreme(Online)(KER) 7383

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(KER) 7383

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH MONDAY, THE 23RD DAY OF MAY 2022 / 2ND JYAISHTA, 1944 CRL.A NO. 453 OF 2022 AGAINST THE ORDER/JUDGMENT IN CRMC 856/2022 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM IN CRIME No.217/2022 APPELLANTS/PETITIONERS/ACCUSED 1 AND 2:
1 DON BABY, AGED 34 YEARS, S/O. BABY, PALAKKUTTATHIL HOUSE, POOYAMKUTTY, KUTTAMPUZHA VILLAGE, ERNAKULAM DISTRICT, PIN - 686681
2 JINTO JOHN, AGED 45 YEARS S/O. JOHN, ENTHUNGAL HOUSE, POOYAMKUTTY, KUTTAMPUZHA VILLAGE, ERNAKULAM DISTRICT, PIN - 686681 BY ADVS.R.BINDU (SASTHAMANGALAM)
G.RAJAGOPAL (KUMMANAM)
RESPONDENTS/COMPLAINANT, STATE & DEFACTO COMPLAINANT:
1 THE SUB INSPECTOR OF POLICE KUTTAMPUZHA POLICE STATION, ERNAKULAM DISTRICT, PIN - 686681
2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM, PIN - 682031
3 K.A. SURESH S/O GOPALAN, KUNNAKKADIL HOUSE, KUTTAMPUZHA, KOTHAMANGALAM,ERNAKULAM DISTRICT., PIN - 686681 R1 & R2 BY SMT SYLAJA, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
23.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Advocates:
['R BINDU SASTHAMANGALAM', '', 'G RAJAGOPAL KUMMANAM', 'PUBLIC PROSECUTOR']

JUDGMENT

Dated this the 23rd day of May, 2022.

This appeal is directed against an order passed by Court of Sessions, Ernakulam in Crl.MC. No.856/2022. Crl.M.C. 856/2022 is an application filed by the appellants as accused No.1 and 2 in Crime No.217/2022 of Kutampuzha Police Station under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking pre- arrest bail. Said application was dismissed by the court below for the reason that Section 18A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short SC/ST (POA) Act) provides for a bar against exercise of jurisdiction under Section 438 Cr.P.C in a crime stands registered for offences coming within the purview of the Act.

2. This Court has directed the learned Public Prosecutor to furnish a copy of the FIS. The learned Public Prosecutor has read the FIS in full. It is doubtful, whether the allegations raised would attract offences under the SC/ST (POA) Act. In the above circumstances, the court below is erred in holding that the bar under Section 18A(2) of the SC/ST (POA) Act will operate in the case.

3. In the result, the Crl.Appeal stands allowed. The order passed in Crl.M.C. No.856/2022 is set aside. Bail stands granted to appellants on execution by each of them, of a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court below and subject to the following conditions:

1) The appellants shall appear before the investigating officer for interrogation as and when required, in writing. They shall co-

operate with the investigation of the case.

2) They shall not influence the witnesses or tamper with the evidence.

3) They shall not repeat crimes of similar nature or crimes of other natures.

4) They shall appear and co-operate with the proceedings of the case before the trial court after filing of the final report in the crime.

In case of violation of any of the conditions, the Investigating Officer is at liberty to approach the court for cancellation of bail.

Click Here to Read the rest of this document