K.D.OUSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused in Crime No.1131 of 2020 of Kumily Police Station. Their application for anticipatory bail was dismissed by the Special Court for the trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015 (SC/ ST Act), Thodupuzha. That order is under challenge in this appeal filed under Sec. 14A of the SC/ST Act.

(2.) Crime No.1131 of 2020 was registered based on a statement of the 3rd respondent. He belongs to a scheduled caste. His parents were the labourers in Moongalaar estate. They retired from service. They were in occupation of a quarters in the estate. The 3rd respondent claims that since that quarters was dilapidated, another one was allotted to them by the manager of the estate, where he along with members of his family and parents were residing. There was assurance that the 3rd respondent would be provided with employment in the estate. It is alleged that the appellants with the object of evicting the 3rd respondent and members of his family forcibly demolished the building and in that course the 3rd respondent, his wife, children and parents sustained injuries. The further allegation is that the 3rd respondent was abused and intimidated by calling his caste name.

(3.) Appellants filed Crl.M.C.No.866 of 2023 seeking anticipatory bail. The special court after considering the facts of the case in the light of the law laid down by this court in Basheer K.M and Others v Rajani K.T and Others [2022 (6) KHC 619], dismissed the petition. The appellants assail the said order.