Disposed

Muthalif M.M v. State of Kerala

Kerala HC13 Jul 2023CRL.A/643/2023

Case brief

AI extract

What is this about?

A Criminal Appeal against Sessions Court order. The appellant, a journalist, was accused of casteist remarks under IPC 354, 294(b) and SC/ST Act read with CrPC 482. The complainant offered pardon. The Court issued directions for investigation and bail instead of immediately quashing the proceedings.

What did the court decide?

Directions issued for investigation and bail; proceedings not quashed.

Muthalif M.M Vs State of Kerala — Caste Atrocities | Kerala HC (2023)

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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 V.G.ARUN

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THURSDAY, THE 13^TH DAY OF JULY 2023 / 22ND ASHADHA, 1945

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CRL.A NO.643 OF 2023

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AGAINST THE ORDER DATED 13.04.2023 IN CRIMINAL M.P. NO.842/2023 OF SESSIONS COURT, KOTTAYAM.

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APPELLANT/PETITIONER:

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MUTHALIF M.M., AGED 43 YEARS,

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MANNAPARAMBIL HOUSE, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM, PIN-686 509.

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BY ADVS. P.A.MOHAMMED SHAH RENOY VINCENT SHAHIR SHOWKATH ALI

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RESPONDENTS/STATE & VICTIM:

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1 STATE OF KERALA THROUGH CIRCLE INSPECTOR OF POLICE, ERUMELY POLICE STATION, ERUMELY, KOTTAYAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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2 PUSHPA BABU, AGED 53 YEARS, W/O. (LATE) BABU N.R., NIRAVATHU HOUSE, PATHIKKAKAVU BHAGAM, KANKAPPALAM P.O., KOTTAYAM, PIN-686 509.

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R1 SRI. M.C. ASHI, PUBLIC PROSECUTOR

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R2 SRI. ATHUL ROY

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.A NO.643 OF 2023

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JUDGMENT

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Dated this the 13^th day of July, 2023

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The appellant is the accused in Crime No.254 of 2023 of Erumely Police Station registered for the offences under Sections 354 and 294(b) of IPC read with Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant, a journalist, is alleged to have made casteist remarks against the de facto complainant during an election campaign.

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When the matter was taken up for consideration, learned Counsel appearing for the 2^nd respondent/ de facto complainant submitted that the issue, which had led to the complaint and registration of the crime, has been sorted out and the 2^nd respondent has decided to pardon the act committed by the appellant. It is pointed out that an affidavit to that effect has been filed.

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Learned Counsel for the appellant submitted that the parties have also decided to jointly move this Court under Section 482 Cr.PC. for getting the crime and further

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CRL.A NO.643 OF 2023

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proceedings quashed.

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Taking into account of the nature of allegations and settlement of the dispute, custodial interrogation of the appellant is not required.

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Hence, the following directions are issued:-

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i) The appellant shall appear before the investigating officer within ten days from today.

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ii) On appearance, the appellant shall be interrogated and if arrested, released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only), with two solvent sureties for the like amount, to the satisfaction of the trial court.

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Sd/- V.G. ARUN JUDGE

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bpr

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CRL.A NO.643 OF 2023

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APPENDIX OF CRL.A 643/2023

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PETITIONER'S ANNEXURES

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Annexure A1 TRUE COPY OF THE FIR NO.254/2023 OF ERUMELY POLICE STATION DATED 22.02.2023.

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Annexure A2 TRUE COPY OF THE LETTER SUBMITTED BY THE APPELLANT BEFORE THE TAHSILDAR DATED 17.4.2023.

Muthalif M.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muthalif M.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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