SANALKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal under Sec. 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC/ST Act), against the order of the Special Court refusing bail. The appellant is the accused in Crime No.623/2023 of Rajakkad police station, Idukki district, alleging commission of offences under Sec. 376 of the Indian Penal Code and Sec. 3(2)(V) of the SC/ST Act.

(2.) Allegation against the appellant is that, on 6/7/2023, at 10.30 pm, appellant had trespassed into the room where the de facto complainant was sleeping, committed rape on her and further on, 7/7/2023, the appellant tried to catch hold of the de facto complainant and when she resisted the same, she was pushed by the appellant and her phone was damaged.

(3.) Learned counsel appearing for the appellant would submit that the appellant preferred an application for bail (as Crl.M.C. No.671/2023) before the Special Judge for the Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, Thodupuzha. It is submitted that the said court, by order dtd. 25/8/2023, dismissed the bail application. It is submitted that the petitioner has been in custody from 13/7/2023 and has therefore completed nearly 75 days in custody. It is submitted that the allegations have been raised on account of business rivalry and that the alleged victim was formerly working with a business rival of the appellant. It is submitted that the allegations have been raised after the appellant had engaged the victim in a home stay run by the appellant. It is submitted that the investigation has been completed and the final report has already been filed in the matter and therefore continued detention of the appellant is not necessary in the facts and circumstances of the case.