Allowed

Saji v. State of Kerala

Kerala HC29 Jun 2017CRL.A/567/2017

Case brief

AI extract

What is this about?

The Kerala High Court granted bail to seven accused members of a temple festival committee charged under the SC/ST (Prevention of Atrocities) Act for refusing cooperation with a Scheduled Caste individual. The court found further detention unnecessary as the appellants had surrendered. Bail conditions included the execution of bonds and prohibitions on intimidating witnesses, getting involved in o

What did the court decide?

Appellants released on bail upon execution of a bond for Rs. 25,000/- each with two solvent sureties. Conditions include no intimidation of witnesses, no other criminal involvement, surrender of passp

Saji Vs State of Kerala — Caste Atrocities | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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THURSDAY, THE 29TH DAY OF JUNE 2017/8TH ASHADHA, 1939

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CRL.A.No. 567 of 2017 ()

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CRMP 2283/2017 of SPECIAL COURT,THRISSUR CRIME NO.620/2017 OF PEECHI POLICE STATION, TRISSUR

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APPELLANT(S)/ACCUSED 1 TO 7:

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1. SAJI, AGED 43 YEARS, S/O. PADMANABHAN, MATTAPPILLY HOUSE,

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P.O. PATTIKKAD, THALIKKODU DESAM, PANANCHERY VILLAGE,

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THRISSUR DISTRICT PIN 680 652.

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2. AJI, AGED 40 YEARS, S/O.PADMANABHAN, MATTAPPILLY HOUSE,

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P.O. PATTIKKAD, THALIKKODU DESAM, PANANCHERY VILLAGE,

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THRISSUR DISTRICT PIN 680 652.

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3.PRABHU, AGED 35 YEARS, S/O KUMARAN, THALAPPILLY HOUSE,

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P.O PATTIKKAD, THALIKKODU DESAM, PANANCHERY VILLAGE,

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THRISSUR DISTRICT PIN 680 652.

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4. BIJU, AGED 35 YEARS,S/O.THANKAPPAN, VALIYAKALLINGAL HOUSE,

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P.O. PATTIKKAD, THALIKKODU DESAM, PANANCHERY VILLAGE,

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THRISSUR DISTRICT PIN 680 652.

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5. RAJESH, AGED 34 YEARS, S/O. PADMAVATHY, THAZHATHU VEETTIL HOUSE,

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P.O. PATTIKKAD, THALIKKODU DESAM, PANANCHERY VILLAGE THRISSUR DISTRICT PIN 680 652.

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CRL.A.No. 567 of 2017 ()

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6. SUDHEESH, AGED 29 YEARS, S/O.KUMARAN, VELUTHEDATHPARAMBIL HOUSE, P.O PATTIKKAD, THALIKKODU DESAM, PANANCHERY VILLAGE, THRISSUR DISTRICT PIN 680 652.

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7. RAMESH T.R., AGED 30 YEARS, S/O.RAJAN, THAZHATHU VEETTIL HOUSE, P.O PATTIKKAD, THALIKKODU DESAM, PANANCHERY VILLAGE, THRISSUR DISTRICT PIN 680 652.

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BY ADVS.SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR)

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY ASSISTANT COMMISSIONER OF POLICE, THRISSUR SUB DIVISION, PEECHI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031.

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BY PUBLIC PROSECUTOR SRI. AMJAD ALI

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 29-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

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Crl. Appeal No. 567 of 2017

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Dated this the 29^th day of June, 2017

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J U D G M E N T

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1.The appellants are accused 1 to 7 in Crime No. 620 of 2017 of Peechi Police Station, registered for the offence under Section 3(1)(z)(c) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act. They are members of a committee constituted in connection with a temple festival. The committee took a decision that no person of that locality shall cooperate with the first informant, who belongs to a scheduled caste, even when a marriage is solemnized or death takes place in that house. The committee also decided not to allow him to participate in the temple festival. Appellants 1 & 7 surrendered before the investigating officer on 19.06.2017 and the other appellants on 20.06.2017. The prayer is to release them on bail.

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2.Heard the learned counsel for the appellants and the

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..2..

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Crl. Appeal No. 567 of 2017

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learned Public Prosecutor.

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3.It is seen from the copy of the minutes book of the committee of which the appellants are members that they took a decision referred to above, because, the first informant supplied liquor to the persons who participated in some functions in connection with the festival, and came to the premises of the temple armed with a chopper. The appellants have been in custody since 19^th or 20^th of this month. It appears that their further detention is not necessary for effective investigation.

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In the result, this Crl. Appeal is allowed.

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i) Appellants shall be released on bail on their executing a bond for 25,000/- (Rupees twenty five₹ thousand only) each with two solvent sureties each for the like sum to the satisfaction of the lower court concerned.

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ii)They shall appear before the investigating officer, if so required.

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Crl. Appeal No. 567 of 2017

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..3..

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iii)They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case while they are on bail.

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iv)They shall surrender their passports before the lower court concerned or if they do not have one, they shall file an affidavit to that effect within five days of their release.

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v)They shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

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In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/-

Saji v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saji v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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