Appeal against rejection of bail in a POA Act murder case. Court denied bail due to gravity of offence but directed the trial court to expedite proceedings.
Directed the Special Judge to expedite the trial of the case and conclude proceedings as expeditiously as possible.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
CRL.A NO. 952 OF 2023
AGAINST THE ORDER/JUDGMENT IN CRMP 54/2023 OF SPECIAL COURT- OFFENCES
UNDER SC/ST (POA) ACT,1989,KOTTARAKKARA IN SC 2287/2022 OF SPECIAL
JUDGE, SPECIAL COURT FOR SC/ST (POA) ACT CASES KOTTARAKKARA
APPELLANT/ACCUSED NO.2
SALAHUDEEN KUNJU
AGED 62 YEARS
S/O MYDEEN KUNJU,
ALSI BHAVAN, PACHILAVALAVU, KUNNICODE,KOLLAM DISTRICT,
PIN – 691508
BY ADV TEENA MARY THOMAS
RESPONDENT/STATE & COMPLAINANT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,PIN-682031,
THROUGH ASSISTANT COMMISSIONER OF POLICE,
KOTTARAKARA, PIN – 691506
SRI.M.P.PRASANTH-PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 20.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.A NO.952 OF 2023
2
JUDGMENT
Dated this the 20th day of September, 2023
The appellant is the 2nd accused in Session Case No.2287/2022 of the Court of the Special Judge, Special Court for Scheduled Caste/Scheduled Tribe (POA) Act Cases, Kottarakkara. The appellant is before this Court aggrieved by the common order dated 12.04.2023 in Crl.M.P No.54/2023 in S.C.No.2287/2022.
CRL.A NO.952 OF 2023
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deceased has sustained 49 ante-mortum injuries. The Special Judge noted that the injuries would show that the accused had attacked the deceased with intention to commit murder. Considering the gravity of the offences alleged, the accused was denied bail as per order dated 12.04.2023. Aggrieved by the said order dated 12.04.2023 the 2nd accused has filed this Criminal Appeal.
CRL.A NO.952 OF 2023
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Therefore, this Court is of the view that this is not a fit case to grant bail at this stage. However, taking into consideration the averments made in the Criminal Appeal, the Criminal Appeal is disposed of directing the Special Judge to expedite the trial of the case and conclude the proceedings as expeditiously as possible.
N.NAGARESH
JUDGE
hmh
CRL.A NO.952 OF 2023
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APPENDIX OF CRL.A 952/2023
PETITIONER ANNEXURES
AnnexureA1
FREE COPY OF THE ORDER DATED 12-04-2023
IN CRL.MP NO.54/2023 IN SC NO.2287/2022
OF THE SPECIAL COURT FOR SCHEDULED
CASTE/SCHEDULED TRIBE(POA)ACT
CASES,KOTTARAKARA
2 issues framed by the court
Whether bail should be granted to the accused in a murder case under the POA Act where a person was beaten to death.
Whether the offence of murder under the POA Act is a fit case for grant of bail at this stage.
1 provisions across 1 enactments
SALAHUDEEN KUNJU
STATE OF KERALA
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court