SAJAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC/ST Act) filed by the appellant/2nd accused in crime No.1167/2021, Vanchiyoor Police Station, aggrieved by the dismissal of his application, namely, Crl.M.P No.651/2024 in S.C.No.1253/2021 on the file of the Special Court for the Trial of offences under SC/ST (PoA) Act, Nedumangad, seeking regular bail under Sec. 483 BNSS.

(2.) The prosecution case is that on 28/06/2021 at 02:00 a.m., the accused persons two in number who do not belong to the scheduled caste or scheduled tribe community trespassed into the rented house of one Sampath, a person belonging to the scheduled caste, attacked him with a knife and inflicted multiple grievous injuries to which he succumbed. Thus, as per the FIR the accused persons are alleged to have committed the offences punishable under Ss. 449, 302 read with Sec. 34 IPC and Sec. 3(2)(v) of the SC/ST Act.

(3.) The appellant/2nd accused was arrested on 28/06/2021 and since then he has been in judicial custody. The trial court as per the impugned order dismissed the application for regular bail taking into account the gravity of the offences as well as the antecedents of the accused. Aggrieved, the appellant/2nd accused has come up in appeal.