Disposed

Shaji v. State of Kerala

Kerala HC12 Mar 2014Bail Appl./105/2014

Case brief

AI extract

What is this about?

In a bail application regarding charges under IPC and SC/ST (Prevention of Atrocities) Act, the court addressed the bar on anticipatory bail. It directed the accused to surrender to the Magistrate within ten days and submit a decision relying on Shanu case, requesting regular bail as remaining IPC charges are bailable.

What did the court decide?

Petitioner directed to surrender before the learned Magistrate within 10 days to obtain regular bail.

Shaji Vs State of Kerala — Caste Atrocities | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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WEDNESDAY, THE 12TH DAY OF MARCH 2014/21ST PHALGUNA, 1935

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Bail Appl..No. 105 of 2014 ()

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CRIME NO. 1929/2013 OF EZHUKONE POLICE STATION , KOLLAM

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ACCUSED(S)/ACCUSED:

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SHAJI, AGED 31 YEARS S/O.MURALEEDHARAN PILLAI, SHEEJA BHAVANAM EDACKIDAM.P.O, PAKKODU MURI, KAREEPRA VILLAGE KOTTARAKKARA TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.S.BIJU (KIZHAKKANELA)

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COMPLAINANT(S)/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE EZHUKONE POLICE STATION, KOLLAM DISTRICT.

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ADDL.R2 VALLY, AGED 28 YEARS, D/O. SANTHA, RESIDING AT THEKKADATHU PUTHEN VEEDU NEAR NSS KARAYOGAM, BHARNIKKAVU, THALAVOOR KAREEPRA VILLAGE, KOLLAM DISTRICT

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(IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 13.01.2014 IN CRL.M.A. NO. 588/2014 IN BA NO.105/2014)

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RADDL 2 BY ADV. SRI.SYAM J SAM R BY PUBLIC PROSECUTOR, SRI. DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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das

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N.K.BALAKRISHNAN, J.

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==========================

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B.A. No. 105 of 2014

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===================================

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Dated this the 12^th day of March, 2014

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ORDER

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The petitioner is the accused in Crime No.1929/2013 of Ezhukone Police Station, Kollam District. The offences alleged are under Secs.420 and 354A of IPC and Sec.3(I) (XI) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

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It is contended that the accused used to call the defacto complainant over phone and that he had told that he loves her. Hence, both of them were in love. He used to take the complainant to his shop and on those occasions she used to sit in the front seat of the car, by the side of the accused and then he used to touch her body and kiss her etc. The further allegation is that the accused had obtained gold ornaments and an amount of 1 lakh from the₹ complainant. It is stated that the accused subsequently

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-: 2 :-

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B.A. No. 105/2014

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resilied from his promise of marriage.

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The learned counsel for the petitioner submits that the allegations are not true. It is stated by the learned counsel that during the five year period mentioned in the complaint, the petitioner was in Gulf for about 2 years.

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The offence under Sec.354A is a bailable offence. Though Sec.420 is a non-bailable offence, however, for the purpose of considering the bail application, the learned Magistrate will treat that there is only the offence of cheating coming under Sec.417 of IPC.

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In view of the specific bar contained in Section 18 of SC/ST (Prevention of Atrocities) Act, anticipatory bail cannot be granted. But at the same time the petitioner can surrender before the learned Magistrate and submit the decisions including Shanu v. State of Kerala [2000 (3) KLT 452] and convince the learned Magistrate that as the other offences under the IPC are bailable offences, the petitioner is entitled to regular bail.

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-: 3 :-

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B.A. No. 105/2014

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This petition is disposed of accordingly. The petitioner will surrender before the learned Magistrate within 10 days

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from today.

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Sd/-

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N.K.BALAKRISHNAN, JUDGE

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das

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// True copy // PA to Judge

Shaji v. State of Kerala

Case brief

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Shaji v. State of Kerala

Case brief

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