SARATH K.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the petitioner/third accused in crime no.1707/2024 of Perumbavoor police station, aggrieved by the dismissal of his petition under Sec. 482 of BNSS, namely, C.M.P.No.430/2024, on the file of the Court of Special Judge for the trial of offences under SC/ST (POA) Act, 1989, Ernakulam, seeking pre-arrest bail.

(2.) In the light of the extensive arguments advanced, a reference to the facts of the case is necessary. The prosecution case as revealed by Annexure A2 FIS of the informant/injured is that on 12/11/2024 at 10:05 p.m., the accused persons, three in number, abused him and his brother-in-law Abiraj and voluntarily caused hurt to them. A1 to A3, his neighbours and his brother-in-law Abiraj, are acquaintances. A1 is the son of A2. The accused persons are aware that he belongs to the Pulaya Community. A few days back his relative Arun while riding the motorbike of Abiraj was pushed down and beaten by A1. In the incident, the vehicle was damaged. Though they demanded A1 to repair the vehicle, he refused to do so. This resulted in a quarrel between A1 and Abiraj. On the date of the incident at 09:50 a.m. there was an altercation between Abiraj and A1 and A3, which ended in a scuffle. Hearing this, the informant proceeded to the place where the said incident took place, by which time, Abiraj had returned home. Thereafter at about 10:05 p.m., he along with Abiraj were standing in his car porch and discussing the issue, at which time A2-Liju came into the courtyard of his house and asked as to who had beaten A1 and then hurled abuses at them. He and Abiraj told A2 that they could discuss the issue the next morning and so asked A2 to leave their place, at which time A2 fisted him on the left side of his face resulting in a bleeding injury on his lip. A2 fisted Abiraj on his neck. They then tried to send A2 away, at which time A1 and A3 arrived and entered his courtyard. On seeing Abiraj, A1 questioning the presence of the former abused him and beat Abiraj on his head and neck. A1 to A3 pushed Abiraj onto the road in front of the house and A1 with a scissor stabbed Abiraj on the left shoulder resulting in a bleeding injury. A1 again stabbed Abiraj above the left side of his lip causing an injury. Hearing their cries when people rushed to the scene, A1 to A3 took to their heels. A1 voluntarily caused injuries to Abiraj as the latter had questioned the former's act of damaging his vehicle. The informant further states that A1 and A2 insulted and attacked them as they were confident that nobody would question them for attacking the former and his relative as they belonged to the scheduled caste community. As per the FIR, A1 to A3 are alleged to have committed the offences punishable under Sec. 329 (3), 115(2), 118(1) read with 3(5) of the BNS and 3(2) (va) of the Act.

(3.) The trial court dismissed the petition for pre-arrest bail finding that the bar under Sec. 18 and 18A of the Act is attracted.