ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.Appeal is filed against the order passed by the Special Court for the trial of cases under SC/ST (Prevention of Atrocities) Act, Thiruvananthapuram (for brevity 'the court below') in Crl.M.P. No. 854/2023 dtd. 24/3/2023 rejecting the bail application filed by the petitioners.

(2.) The petitioners are the accused Nos. 1 to 3 in Crime No. 427/2023 of Varkala Police Station. The 4th respondent is the victim. The offences alleged against the petitioners are punishable under Ss. 294 (b), 365, 323, 324, 342 and 506(i) r/w 34 of the IPC and Sec. 3(1)(r) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

(3.) The prosecution case in short is that on 28/2/2023 at about 11 a.m., accused nos. 2 and 3 took the victim in a motor cycle to a resort by name 'Vacay Nest' in Perumkulam and accused No. 1, by uttering ugly words made the victim bent down, beat on his back, stamped on his chest, pushed him down and beat him using his hands. Accused Nos. 2 and 3 also beat him and took him to another room and confined him there for some time. Later, accused No. 1 came there and beat him on his back by using a liquor bottle, forcefully took him in a car and dropped in his house.