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2021 DIGILAW 466 (KER)

Binoy v. State Of Kerala, Represented By The Sho

2021-04-20

K.HARIPAL

body2021
JUDGMENT : This is an appeal preferred under Section 14A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, moved by the accused in Crime No.90/2021of Kuruppampady Police Station, which was registered on the basis of the First Information Statement given by the 2nd respondent, alleging offence punishable under Sections 447, 294(b), 323, 324 and 307 read with Section 34 of the IPC, Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. 2. It is submitted that the 1st petitioner was arrested on 24.03.2021 and petitioners 2 and 3 were arrested on 12.02.2021 respectively. The applications for bail moved by them before the Special Court stands dismissed by Annexure-A1 and A2 orders, which are impugned in this appeal. 3. I heard the learned counsel appearing for the petitioners, learned Senior Public Prosecutor and also the counsel appearing for the 2nd respondent. Now, the 2nd respondent has filed an affidavit stating that the matter has been settled and that he has no objection in granting bail to the petitioners. 4. The 1st petitioner is in judicial custody for the last 28 days and other petitioners are under detention for nearly 66 days. The investigation must have been progressed considerably. Moreover, the defacto complainant has turned up and apprised his no objection in granting bail to the petitioners. 5. In the circumstances, the petitioners shall be released on bail, subject to the following conditions:- i) The petitioners shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the trial court; (ii) They shall not try to contact or influence the witnesses or tamper with the evidence; (iii) Petitioners shall not leave India without permission of the jurisdictional Court; (iv) They shall appear before the committal/trial court as and when required; (v) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic; (vi) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law. This Crl.Appeal is allowed, as above.