VISWAMITHRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 14A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the informant/injured in crime no.1877/2024, Kundara police station, aggrieved by the order dtd. 31/12/2024 in Crl.M.P. No.381/2024 on the file of the Court of the Special Judge for Scheduled Caste/Scheduled Tribe (POA) Act Cases, Kottarakkara, by which the request for pre-arrest bail under Sec. 482 of BNSS by the 4th respondent/accused in the crime was allowed.

(2.) The appellant herein will be referred to as the informant/injured and the 4th respondent herein as the accused.

(3.) The prosecution case is that the informant/injured, a member of the Kerala Congress (M) District Committee, Kollam, along with Rajeev, another party worker, on 10/12/2024 between 10:30 a.m. and 11:00 a.m. went to the office of the Perayam Panchayat for enquiring about the permit for house construction. He met the Secretary of the Panchayat and made necessary enquiries and was coming out of the office of the Panchayat at which time, the accused through Rajeev called him to the room of the President. When he reached the office room of the President, the accused, a Christian, knowing that the informant/injured is a member of the Scheduled Caste abused him by calling obscene words and also by his caste name. The accused voluntarily caused hurt to him by jabbing him on his left chest with the key of a vehicle causing pain. The accused also pushed and hit him causing pain. When the informant/injured came out of the room, the accused followed him and again repeated the act of abuse and threatened him with dire consequences. Hence, as per Annexure A1 FIR, the accused is alleged to have committed the offences punishable under Ss. 115(2), 118(1), 351(2), 296(b) BNSS and Sec. 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act).