JIDHESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused in Crime No.256 of 2023 of the Kalikavu Police Station registered for offences punishable under Ss. 341,323,324 and 326 read with Sec. 34 of the Indian Penal Code and Ss. 3(1)(s), 3(2)(va) and 3(2)(v) of Scheduled Caste and Scheduled Tribe(Prevention of Atrocities) Act. The crime was registered on the allegation that, at about 9 p.m on 9/4/2023, the de facto complainant/3rdrespondent was attacked by the appellants when he intervened in an attempt to stop the scuffle between his friends and the appellants. In his statement given to the police, the third respondent alleged that he was hit with an iron piece and abused by caste name. The appellants were arrested on 21/5/2023 and are continuing in judicial custody. Their application for bail was dismissed by the Special Court, considering the gravity of the offence and possibility of the appellants interfering with the investigation, influencing or intimidating the witnesses and tampering with the evidence.

(2.) Learned Counsel for the appellants submitted that the crime is falsely foisted on his clients as a counter blast to Crime No.258/2023 registered against the third respondent and two others. Moreover, the investigation having been completed, further incarceration of the appellants is unnecessary. It is submitted that the appellants are the sole bread winners and their absence is causing substantial hardship to the families.

(3.) Learned Public Prosecutor opposed the bail application, pointing out the gravity of the injuries sustained by the third respondent. The case diary is also made available for perusal.