SHERLY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this Criminal Appeal filed under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'SC/ST (PoA) Act') is to the order dtd. 13/11/2023 in Crl.M.C.No,159 of 2023, dismissing the application seeking anticipatory bail by the Sessions Court Kasaragod.

(2.) The appellant is the Headmistress of Kottamala MGM UP School in Kasaragod District. Victim is a 5th Standard student in the school. The victim filed a complaint alleging the following:-

(3.) Based on the complaint dtd. 28/10/2023 lodged by the victim, Chittarikkal Police registered FIR No.450/2023 alleging the offences punishable under Sec. 341 of IPC, Ss. 3(1)(e) and 3(2)(v)(a) of the SC/ST (PoA) Act and Sec. 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, (For short 'JJ Act'). The appellant filed application seeking anticipatory bail before the Sessions Court. The Sessions Court held that the prosecution failed to prima facie establish the offences under the SC/ST (PoA) Act. However, the Sessions Court found that there is strong prima facie case to attract the offence punishable under Sec. 75 of the JJ Act and held that the appellant is not entitled to anticipatory bail.