FAKRUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 14A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the petitioner/accused in crime no.251/2024, Infopark police station, Ernakulam, aggrieved by the dismissal of his petition under Sec. 438 Cr.P.C. namely, Crl.M.C.No.1407/2024, on the file of the Court of Session, Ernakulam, seeking pre-arrest bail.

(2.) It was submitted by the learned counsel for the appellant/accused that the materials on record do not make out any offence(s) under the Act. The appellant/accused has never referred to or mentioned the caste name of the 2nd respondent/informant in the video uploaded by him. Relying on the dictum in Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 710, it was submitted that merely because the 2nd respondent/informant is a member of a scheduled caste or a scheduled tribe, an offence under the Act would not be made out unless there is an intention to humiliate her only for the reason that she belongs to such caste. The materials on record do not make out an offence under Sec. 3(1)(r) of the Act and hence the bar under Sec. 18 or 18A is not attracted, goes the argument.

(3.) The learned Public Prosecutor submits that though notice was issued to the victim through the SHO concerned, she did not accept the notice. However, she has been informed of the pendency of the appeal. Heard both sides.