Ajmal Mon vs State Of Kerala

A. Badharudeen, J

This appeal has been filed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘The SC/ST Act’ hereinafter), by the first accused in Crime No.793/2022 of Nilambur Police Station.

In this matter, the accused herein filed regular bail application before the Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri, where he alleged to have committed offences punishable under Section 363 of the Indian Penal Code read with Section 3(2)(va) as well as under Section 3(1)(u) of the SC/ST Act, on the allegation that, on a day, in the month of September, 2022, the appellant and three other persons took a child, belonging to the Scheduled Tribe community, in a van to a hill top and recorded a video of the child, saying that he wanted to become a Maoist and also that, it was better to be a Maoist, by giving misleading inputs to the child. The prosecution alleges that the video was circulated by the accused persons and act of the accused would be sufficient to promote ill-feeling, hatred and enmity against the family of the child. The appellant was arrested on 26.10.2022 and he has been in judicial custody thereafter.

The learned counsel for the appellant argued last time, to set aside the order and release the appellant on bail, highlighting his custody from 26.10.2022. At the same time, the learned counsel submitted that the appellant is entitled to get statutory bail, for want of filing of final report within a period of 60 days.

Taking note of the said submissions, this case stands posted today, with a specific direction to the learned Public Prosecutor, to file report or to get instruction as to whether any final report filed in this matter within the statutory period.

Today, the learned Public Prosecutor would submit that final report yet to be filed. Since the appellant was arrested on 26.10.2022, 60 days period ended on 25.12.2022. Therefore, the appellant is entitled to get statutory bail, as of right, in view of the operation of Section 167(2) of the Code of Criminal Procedure read with Article 21 of the Constitution of India.

Therefore, I am inclined to set aside the order and grant statutory bail to the appellant on the following conditions:

i. The appellant/accused shall be released on bail on his executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Special Court concerned.

ii. The appellant/accused shall not intimidate witnesses or tamper the evidence. He shall co-operate with the investigation and shall be available for interrogation as and when directed by the Investigating Officer.

iii. The appellant/accused shall not leave the jurisdiction of the Special Court without prior permission of the court.

iv. The appellant/accused shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

v. The appellant/accused shall not circulate the disputed video further, if circulated, the same also is a ground to cancel the bail hereby granted.