Allowed

Anil Kumar K.K v. State of Kerala

Kerala HC4 Apr 2024CRL.A/430/2024

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the dismissal of a bail application. Relying on the submission of the final report by the Investigating Officer, the Court held the appellant entitled to bail and set aside the impugned order.

What did the court decide?

Order dated 20.02.2024 setting aside C.M.P No.47 of 2024 is set aside; appellant released on bail on bond of Rs.50,000/- with two solvent sureties.

Anil Kumar K.K Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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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. BABU

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THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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CRL.A NO. 430 OF 2024

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CRIME NO.16/2024 OF MALA POLICE STATION, THRISSUR

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AGAINST THE ORDER/JUDGMENT DATED 20.02.2024 IN CMP NO.47 OF 2024 OF SPECIAL COURT FOR SC/ST ATROCITIES ACT CASES,

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THRISSUR

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APPELLANT/ACCUSED:

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ANIL KUMAR K.K, AGED 45 YEARS, S/O KRISHNAN, KOLAPARAMBU, THURUTHUMMURI, MALA, PALLIPURAM P.O., THRISSUR DISTRICT, KERALA, PIN - 680732

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BY ADVS. M.G.SREEJITH VIDYAJITH M. ROJIN DEVASSY BINCY JOSE

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 DEVAKI, W/O SUBRAMANYAN, ARIKKATT HOUSE, THIRUTHUMURI DESOM, POYYA VILLAGE, THRISSUR DISTRICT ,KEARALA, POYYA P.O., PIN - 680733

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BY ADV SRI.G SUDHEER, PUBLIC PROSECUTOR

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Crl.A No.430 of 2024

K.BABU, J.

Crl.A No.430 of 2024

Dated this the 4^th day of April, 2024

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O R D E R

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This is an appeal filed under Section 14-A of the Scheduled

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Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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The appellant is the accused in Crime No.16/2024 of Mala Police Station. The offences alleged against the appellant are punishable under Sections 448 and 307 of IPC and Section 3(2)(v) of

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the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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The prosecution case is that on 03.01.2021 at about 5.30 p.m the appellant trespassed into the residence of the victim and voluntarily caused grievous hurt to her by using an axe. The appellant committed the above act with the knowledge that if he by that act caused death of the victim, he would be guilty of murder.

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The appellant was arrested on 03.01.2024 and has been in judicial custody since then.

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Though the notice was served on the victim, she did not

Crl.A No.430 of 2024

turn up.

Heard the learned counsel for the appellant and the learned

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Public Prosecutor.

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The learned counsel for the appellant submitted that the investigation is almost over. Therefore, the further detention of the appellant is not required.

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The learned Public Prosecutor submitted that the

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Investigating Officer submitted the final report in the matter.

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The learned Public Prosecutor opposed the bail plea of the appellant.

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I have gone through the materials placed before this Court.

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Having considered the entire circumstances, including the fact that

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the Investigating Officer submitted the final report, I feel that the

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appellant is entitled to be released on bail.

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In the result,

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(i) The Criminal Appeal is allowed.

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(ii) The order dated 20.02.2024 dismissing C.M.P

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No.47 of 2024 passed by the Special Court for

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SC/ST (POA) Act Cases, Thrissur, stands set

Crl.A No.430 of 2024

aside.

(iii) The appellant shall be released on bail on his

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executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

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Sd/K.BABU, JUDGE

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KAS

Anil Kumar K.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anil Kumar K.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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