Allowed

Saji George v. State of Kerala

Kerala HC8 Aug 2018CRL.A/942/2018

Case brief

AI extract

What is this about?

Kerala High Court allowed a criminal appeal filed by an accused under Section 14A of the SC/ST (PoA) Act, finding investigation complete. The court granted bail with conditions, including a bond, sureties, and restrictions on movement and contact with witnesses.

What did the court decide?

Accused ordered to be released on bail by executing a bond with two solvent sureties for Rs. 50,000/- each and depositing Rs. 10,000/-. Conditions included non-entry into Valayam Police limits and rep

Saji George Vs State of Kerala — Caste Atrocities | Kerala HC (2018)

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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 P.UBAID

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WEDNESDAY, THE 8TH DAY OF AUGUST 2018 / 17TH SRAVANA, 1940

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CRL.A.No. 942 of 2018

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ORDER IN CRL.MC 894/2018 of SESSIONS COURT, KOZHIKODE DATED 11-07-2018 CRIME NO.141/2018 OF VALAYAM POLICE STATION, KOZHIKODE

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APPELLANT(S)/APPELLANT/ACCUSED :-

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SAJI GEORGE, AGED 27, S/O.GEORGE, IRATTAYAN VEETTIL, VILANGADU, VATAKARA TALUK, KOZHIKODE DISTRICT.

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BY ADVS.SRI.R.BINDU (SASTHAMANGALAM)

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SRI.PRASANTH M.P

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RESPONDENT(S)/COMPLAINANT/STATE :-

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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BY SR.PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.A. No.942/2018

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APPENDIX

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APPELLANT'S ANNEXURES :- ANNEXURE I :- CERTIFIED COPY OF THE ORDER PASSED BY THE SESSIONS JUDGE, KOZHIKODE IN CRIMINAL MISCELLANEOUS CASE No.762/2018 DATED 14.6.2018. ANNEXURE II :- CERTIFIED COPY OF THE ORDER PASSED BY THE SESSIONS JUDGE, KOZHIKODE IN CRIMINAL MISCELLANEOUS CASE No.815/2018 DATED 26.6.2018.

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RESPONDENT'S ANNEXURES :- NIL

//TRUE COPY//

P.A. TO JUDGE

P.UBAID, J.

Crl.A. No.942 of 2018

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Dated this the 8^th day of August 2018

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J U D G M E N T

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The appellant herein is the sole accused in Crime No.141/2018 of the Valayam Police Station, involving the offences under Sections 341, 324, 307 and 506 IPC, and under Sections 3(1)(s) and 3(2)(v) of the SC/ST (PoA) Act.

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The prosecution case is that at about 8.30 p.m. on 27.5.2018, the appellant assaulted one Dinesh, who belongs to Scheduled Caste, and inflicted injuries on his body with a knife, he also abused and humiliated Dinesh by calling his caste name, and when his friends Joji Thomas and Bijoy Mathew intervened, they were also assaulted by the appellant. The said Joji Thomas sustained some serious injuries, but the other sustained only simple injuries. The prosecution would allege that the accused inflicted such injuries in an attempt on the life of the victims, and he is being prosecuted under the SC/ST (PoA) Act for the reason that one of the victims is a member of Scheduled Caste.

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During investigation, the appellant was arrested by the police on 30.5.2018, and he has been in judicial custody since the date of arrest. The application filed by him for regular bail

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Crl.A. No.942 of 2018

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-: 2 :-

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before the Court of Session, Kozhikode as Crl.M.C. No.894/2018 was dismissed on 11.7.2018. The accused has come up in appeal before this Court under Section 14A of the SC/ST (PoA) Act.

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On hearing both sides, and on a perusal of the case diary, I find that the Investigating Officer has gone a long way with investigation, and he has completed major part of investigation. Of course, it is true that one of the victims had sustained stab injuries, but the other victim, who belongs to Scheduled Caste, had sustained only some simple injuries. Any way, it is a matter for examination during trial, whether the necessary ingredients of the offence under Section 307 IPC are there in the prosecution records, and also whether the necessary elements of the offence under the SC/ST (PoA) Act are there in the complaint, and other materials. Section 3(2)(v) of the SC/ST (PoA) Act does not contain any substantive offence. It is only a provision ensuring minimum sentence for an offence under the IPC punishable with imprisonment for 10 years or more. The Investigating Officer has questioned the material witnesses, and has collected the required materials. Practically nothing remains to be done as part of investigation.

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Crl.A. No.942 of 2018

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-: 3 :-

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In the result, this appeal is allowed, and the appellant is ordered to be released on bail on his executing a bond with two solvent sureties for `50,000/- (Rupees Fifty thousand only) each to the satisfaction of the court below.

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Bail is granted on condition that, the appellant shall not enter the limits of the Valayam Police Station for two months, that he shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Mondays during the said period of two months, that he shall make a security deposit of `10,000/- (Rupees Ten thousand only) before the court below simultaneously with execution of the bond, and that the appellant shall not have any contact with the material witnesses directly, or over telephone otherwise.

Sd/P.UBAID JUDGE

//True copy//

P.A. To Judge

Jvt/8.8.2018

Saji George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saji George v. State of Kerala

Case brief

What is this about?

What did the court decide?

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