Kerala High Court
Benny E.V vs State Of Kerala on 3 February, 2023
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
CRL.A NO. 98 OF 2023
AGAINST THE ORDER/JUDGMENT CRMC 2894/2022 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM
APPELLANT
BENNY E.V
AGED 54 YEARS
ILLICKAL HOUSE, ARUVAPPARA P.O KURUPPANPADI,
PERUMBAVOOR ERNAKULAM, PIN - 683545
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
VIVEK RADHAKRISHNAN
ARUN C.S.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE
KURUPPANPADI POLICE STATION, PERUMBAVOOR ERNAKULAM
DISTRCIT, PIN - 683545
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
OTHER PRESENT:
SR.PP.RENJITH GEORGE
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal No.98 of 2023
2
JUDGMENT
Dated this the 3rd day of February, 2023 The appellant is the 2 nd accused in Crime No.1009 of 2022 on the files of Kuruppanpadi Police Station, registered for the offences under Sections 376, 376(2)(n), 420, 307, 379 and 506 of the Indian Penal Code read with Section 3(2)(v), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The crime is registered on a complaint filed by the 2 nd respondent, alleging that the 1 st accused had committed rape on her over a period of time by promising to marry her. The first accused later retracted from his promise and when the 1 st respondent questioned his conduct, she was brutally attacked and insulted by calling her caste name. According to the defacto complainant, the petitioner, who is the father of the 1 st accused, had also threatened to kill her.
3. Learned counsel for the appellant contended that the allegations are false and even if accepted, does not make out Crl.Appeal No.98 of 2023 3 any offence under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act against the petitioner. All the allegations are levelled against the 1 st accused and the only role attributed to the appellant is of having threatened the defacto complainant. Therefore, the court below committed an illegality in refusing anticipatory bail. It is submitted that the appellant will co-operate with the investigation and will abide by any conditions imposed by this Court.
4. Learned counsel for the 2 nd respondent opposed the prayer for grant of anticipatory bail, pointing out the gravity of offence committed by the 1st accused and contended that appellant is equally liable, since common intention is made out.
5. After careful scrutiny of the Case Diary, including the statement of the defacto complainant, I find prima facie substance in the contention that only the offence under Section 506 of the Indian Penal Code is made out against the petitioner. Being so, there is no reason to deny anticipatory bail to the petitioner.
Crl.Appeal No.98 of 20234
In the result, the Criminal Appeal is allowed. The Investigating Officer is directed to release the appellant on bail, in event of his arrest in connection with Crime No.1009 of 2022 on the files of Kuruppanpadi Police Station. It is made clear that the observations herein are only with respect to the role of appellant and will have no impact on the allegations levelled against the 1st accused.
Crl.Appeal is allowed accordingly.
Sd/-
V.G.ARUN, JUDGE smm Crl.Appeal No.98 of 2023 5 APPENDIX OF CRL.APPEAL NO.98/2023 PETITIONER ANNEXURES Annexure A1 COPY OF THE PHOTOGRAPHS UPLOADED BY THE DEFACTO COMPLAINANT IN HER FACEBOOK Annexure A2 COPY OF THE FACEBOOK HOMEPAGE OF THE DEFACTO COMPLAINANT Annexure A3 COPY OF THE FIR NO.1009 OF 2022 DATED 6.12.2022 ALONG WITH FIS REGISTERED ON THE FILE OF KURUPPUMPADI POLICE STATION ANNEXURE A4 COPY OF THE REPORT DATED 6.12.2022 IN CRIME NO.1009/2022 SUBMITTED BY THE 1ST RESPONDNET BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -111, PERUMBAVOOOR REGISTERED ON THE FILE OF KURUPPANPADI POLICE STATION.
ANNEXURE A5 COPY OF THE ORDER DATED 12.01.2023 IN CRL.M.C NO.2894 OF 2022 PASSED BY THE SESSIONS COURT, ERNAKULAM IN CRIME NO.1009/2022 ON THE FILE OF KURUPPANPADI POLICE STATION, ERNAKULAM DISTRICT.