ABHILASH A.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The appellant is the 1st accused in crime No.1224 of 2023 of Poovar Police Station. The said crime was registered alleging offences punishable under Ss. 341, 294(b) and 323 read with Sec. 34 of the Indian Penal Code, 1860 (IPC) and Sec. 3(1)(r) and 3(1)(s) of the SC/ST Act. The appellants filed Crl.M.C.No.5 of 2023 seeking anticipatory bail. The Special Court for trial of offences under SC/ST (POA) Act, Nedumangad dismissed that petition. Hence this appeal.

(2.) Despite giving notice through the Station House Officer, Poovar Police Station, the de facto complainant did not choose to appear before this Court. Heard the learned counsel for the appellant and the learned Public Prosecutor.

(3.) The allegations based on which the crime was registered are that at about 2.30 pm on 22/9/2023 the appellant along with the 2nd accused manhandled the de facto complainant and abused him calling his caste name, who belongs to the Scheduled Caste. He was working as a driver in the vehicle of a Pastor, Devadanam. The appellant and his co-accused were nurturing enmity on that. Therefore, they on the said day, attacked the de facto complainant by kicking him and fisting at his nose. He sustained a bleeding injury at his nostrils.