MUHAMMED MUSTHAFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The order declining bail to the appellant by the Special Court for SC/ST (POA) Act & NDPS Act cases, Manjeri (for short, 'the court below') is assailed in this appeal.

(2.) The appellant was alleged as committed offences punishable under Ss. 342 and 376 of the Indian Penal Code, (for short, 'the IPC') and Ss. 3(2) (v) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, 'the SC/ST (POA) Amendment Act). He was arrested on 15/11/2021 and remanded to judicial custody. The court below has dismissed the application and declined regular bail to the petitioner for the reason that the investigation is only at its earlier stage.

(3.) Now in the appeal on hand, the learned public prosecutor has filed a Report stating that the investigation is completed and a Final Report is laid by the Investigating Agency before the court concerned on 28/12/2021. The appellant has already served custody for 105 days. Since the final report is laid, further custody of the appellant is found unwarranted. The appellant deserves an order granting bail. In the result, bail stands granted to the appellant on execution of a bond for Rs.1,00,000.00 (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court below and on following conditions: