KUNJARU C.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 16th day of March, 2022 This petition is filed by the father of the victim who died following an incident occurred on 12/2/22 at about 7.10 p.m. at Kavungalparambu, Chelakkulam kara, Pattimattom Village, Kizhakkambalam. The accused, four in numbers, arraigned in the case on hand had filed an application as seeking bail before Court of Sessions, Ernakulam. The allegation was that the son of the petitioner was assaulted at 7.10 p.m. near his house by the accused who are activists of CPM, a political party, and died on account of the injury sustained.

(2.) The allegation of the petitioner in the application on hand was that though the bail application filed on 18/2/2022 was posted a number of times, despite oral demands made severally and demand made also through written objection filed before the Court on 9/3/2022, copies of the relevant records were not given to him. According to him, under Sec. 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') the victim or his dependent is entitled to get copies of relevant records pertaining to Crime No.106/22 in which bail application was moved, to defend it properly. According to him, the court responded to his oral demands by stating that the materials asked for are not necessary. According to him, his counsel was heard on 9/3/2022 but, the prosecutor was not directed by the court to furnish the copies of the relevant records pertaining to the crime.

(3.) It is further contended that the father of the judicial officer is the District Secretary of the political party to which the accused also belong. The learned counsel has also placed for perusal, some face book postings to establish that the judicial officer herself has some affinity to the political party in which the accused are activists. According to him, the above context has created an apprehension in his mind that he won't get a fair hearing in the bail application.