FAZIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Appeal is filed by the sole accused in Crime No.168 of 2023 of Thidanadu Police Station for the offences punishable under Sec. 363 of the I.P.C. and Sec. 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The prosecution allegation is that, on 10/2/2023, the petitioner kidnapped the daughter of the 2nd respondent, who belongs to a Scheduled Caste community and took her to Kozhikode. The petitioner was arrested on 13/2/2023 and is continuing in custody since then.

(2.) Learned Counsel for the petitioner contended that, the allegations are false and even if accepted, for the sake of argument, none of the alleged offences are attracted. Finally it is contended that there is absolutely no justification in the continued incarceration of the petitioner, particularly when the offences are bailable.

(3.) Learned Counsel for the 2nd respondent, mother of the victim girl, submitted that there is no objection in granting bail to the petitioner, but objected to the contentions on merits.