DILEEP v. STATE OF KERALA

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 SIVAKUMAR ASSISTANT ENGINEER, KSEB LIMITED ELECTRICAL SECTION SOORANADU, KOLLAM RURAL, PIN - 690561 AMAL ( SOUGHT TO BE IMPLEADED ) AGE NOT KNOWN, S/O SURESH, MAKAYIRAM VEEDU PADINJATTAM KIZHAKKU MURI, SOORANADU NORTH KOLLAM . ( SOUGHT TO BE IMPLEADED ) OTHER PRESENT: G SUDHEER,PP THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON

23.01.2024, ALONG WITH CRL.A.83/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.A NOs. 88 OF 2024 & CRL.A NO. 83 OF 2024 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945 CRL.A NO. 83 OF 2024 CRIME NO.992/2022 OF Sooranadu Police Station, Kollam AGAINST THE ORDER/JUDGMENT CRMP 315/2023 OF SPECIAL COURT- OFFENCES UNDER SC/ST (POA) ACT,1989,KOTTARAKKARA APPELLANT: DILEEP AGED 26 YEARS S/O DEVARAJAN, VAZHAPALLY VADKKATHIL, NEAR KCT MUKKU, PADINJATTIN KIZHAKKUMURI SOORANADU NORTH, KOLLAM., PIN - 690561 BY ADV C.S.SUMESH RESPONDENTS: 1 2 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 BEENA AGED 41 YEARS W/O SURESH MAKYIRAM VEEDU, PADINJTTAM KIZHAKKU MURI SOORANADU NORTH, KOLLAM RURAL, PIN - 690561 SURESH AGED 45 YEARS H/O BEENA MAKYIRAM VEEDU, PADINJTTAM KIZHAKKU MURI SOORANADU NORTH, KOLLAM RURAL, PIN - 690561 THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON

23.01.2024, ALONG WITH CRL.A.88/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.A NOs. 88 OF 2024 & CRL.A NO. 83 OF 2024 3 K.BABU, J. -------------------------------------- [Crl.A. Nos.83 of 2024, 88 of 2024] --------------------------------------- Dated this the 23rd day of January, 2024 J U D G M E N T The appellant is the accused in FIR Nos.992/2022 and 1285/2022 registered by the Sooranadu Police, Kollam. In FIR No.992/2022, he is alleged to have committed offences punishable under Sections 450, 323, 324, 506(ii) and 307 of the IPC and Section 3(1)(c) read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2018. The offences alleged to have committed in FIR No. 1285/2022 are punishable under Section 307 of the IPC, Sections 3(1)(c) read with Section 3(2)(v) of the SC/ST (POA) Act, and Section 135-1(a)(c)(e) of the Electricity Act,

The appellant is also the accused in FIR No. 768/2021, which is also pending before the Special Fast Track Court, Karunagappally, as S.C. No. 210/2022, wherein the offences alleged are punishable under Sections 447,354(D)(i) CRL.A NOs. 88 OF 2024 & CRL.A NO. 83 OF 2024 4 (ii),363, 366, 376(2)(N), 376(3) of the IPC, Sections 4(1), 4(2) read with Section 3(A), 6(1) read with Section 5(J)(II), 5(1), 12 read with Section 12(iv) of the POCSO Act, Sections 3(1)(c) read with Section 3(2)(v) of the SC/ST (POA) Act, and Section 135-1(a)(c)(e) of the Electricity Act, 2003.

The appellant belongs to Hindu Ezhava community. He had acquaintance with the survivor in Crime No. 768/2021, a minor belonging to Hindu Kakkala community. He subjected her to sexual harassment in November and December, 2020. The victim became pregnant. On 16.09.2021, she gave birth to a girl child.

The appellant was arrested on 17.06.2021. He was released on bail by the Sessions Court on 15.09.2021. The Investigating Officer submitted final report in crime No. 768/2021 before the jurisdictional court. The DNA examination for finding the biological father of the child was conducted, which indicated that the appellant was the biological father of the survivor's child.

The Special Court at Karunagappally proceeded with the trial in S.C.No.210 of 2022, which arose from Crime CRL.A NOs. 88 OF 2024 & CRL.A NO. 83 OF 2024 5 No.768/2021. The survivor and her relatives gave evidence against the appellant during trial. Immediately prior to the day scheduled for the examination of the survivor and her relatives, on 02/08/2022 at 7.30 p.m., the appellant trespassed into her residence and inflicted severe cut injuries to her face and other parts of the body of her parents. Sooranadu police registered crime No.992/2022 against the appellant, based on the statement of the mother of the survivor.

The Police could not apprehend him after the incident. Thereafter, the appellant attempted to murder the survivor’s brother by electrocution from the electric connection made from an OH phase line from HT line using the aluminium cables and connected to the lottery stall managed by the survivor’s mother at Sooranadu. The Police registered crime No. 1285/2022 against the appellant. The appellant was arrested on 05.10.2022 and he has been in judicial custody since then.

The appellant filed Bail Applications in both the crimes (C.M.P. Nos.315/2023 and 316/2023). The learned CRL.A NOs. 88 OF 2024 & CRL.A NO. 83 OF 2024 6 Sessions Judge after considering the arguments advanced by both sides recorded the finding that if the appellant is released on bail, the possibility that the victim and her relatives in S.C.No.210 of 2022 would be attacked cannot be ruled out.

Heard the learned counsel for the appellant and the learned Public Prosecutor.

The learned counsel for the appellant submitted that the appellant has been undergoing detention since 05.10.2022, and therefore, there is no need to further detain him in prison.

The Court below has taken note of the concern of the victim and her parents that they face threat from the appellant. The material placed before the court would reveal that the victim in S.C.No.210/2022 and the victims in the present crime face persistent threat from the appellant. The trial in S.C. No. 210 of 2022 is progressing. Releasing the petitioner at this stage will affect the lives of the victim and her CRL.A NOs. 88 OF 2024 & CRL.A NO. 83 OF 2024 7 relatives.

The learned Public Prosecutor submitted that the Police submitted final reports in both the crimes and the court below has taken cognizence of the offences alleged. I am of the considered view that this is a fit case which warrants custodial trial. I find no reason to interfere with the findings recorded by the trial court. The trial court is directed to expeditiously dispose of the Sessions case, as at any rate, within a period of six months from the date of receipt of a copy of this judgment. The Sessions Judge is at liberty to seek extension of time, if required. The criminal appeals are disposed of as above. Sd/- K.BABU, JUDGE CRL.A NOs. 88 OF 2024 & CRL.A NO. 83 OF 2024 8 APPENDIX OF CRL.A 83/2024 PETITIONER ANNEXURES Annexure 1 Annexure 2 FREE COPY OF THE ORDER DATED 28/12/2023 PASSED IN CRL.M.P. NO.315/2023 IN S.C. 288/2023 BY THE SPECIAL JUDGE, SPECIAL COURT FOR SCHEDULED CASTE/SCHEDULED TRIBE (POA) CASES, KOTTARAKKARA. TRUE COPY OF THE FIR NO.992/2022 REGISTERED ON 03/08/2022 BY THE SOORANADU POLICE ,KOLLAM. CRL.A NOs. 88 OF 2024 & CRL.A NO. 83 OF 2024 9 APPENDIX OF CRL.A 88/2024 PETITIONER ANNEXURES Annexure 1 Annexure 2 FREE COPY OF THE ORDER DATED 28/12/2023 PASSED IN CRL.M.P. NO.316/2023 IN S.C. 788/2023 BY THE SPECIAL JUDGE, SPECIAL COURT FOR SCHEDULED CASTE/SCHEDULED TRIBE (POA) CASES, KOTTARAKKARA . TRUE COPY OF THE FIR NO.1285/2022 REGISTERED ON 04/10/2022 BY THE SOORANADU POLICE , KOLLAM.