ABHINANDH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Crime No.804/2023 of Alathur Police Station has filed this Criminal Appeal invoking Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 aggrieved by the order dtd. 22/8/2023 in Crl.M.P. No.3238/2023 of the Special Judge/ Additional Sessions Judge-I, Palakkad Division.

(2.) The appellant was made an accused in Crime No.804/2023 of Alathur Police Station for offences punishable under Sec. 363, 354A(1)(i) and 354A(2) IPC Sec. 9(1) and 9(p) read with Sec. 10 of the POCSO Act and Sec. 3(2)(v) of the SC/ST (PoA) Act.

(3.) The appellant moved application under Sec. 439 Cr.P.C. for grant of regular bail. The Special Judge noted that the survivor and the appellant were in love and she had stated that on one occasion, blood veins were cut by both of them. The Special Judge noted that the survivor was also having deep attachment towards the appellant. However, taking into consideration the fact that the survivor belonged to Scheduled Caste, the bail application was dismissed.