SANTHOSH KUMAR P @ SUDHEESH Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioners herein are the two accused in Crime No.465/2016 of the Vellarikundu Polie Station, registered under Sections 452, 341, 324 and 354, read with 34 IPC, and under Section 3(1)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (for short, 'the SC/ST Act'). They seek regular bail under Section 439 of the Code of Criminal Procedure. They have been in judicial custody 20.11.2016.

(2.) The petitioners herein are brother and sister. The victim of offence is a lady aged 32 years. She belongs to Scheduled Caste. The prosecution case is that at about 10.30 am on 20.11.2016, these petitioners trespassed into the residence of the petitioner, assaulted her, and abused her on the ground that she belongs to Scheduled Caste. It will have to be examined thoroughly whether a prosecution under Section 3 (1)(s) of the SC/ST Act is possible in this case on the given allegations. Such an offence must have been committed within public view, and also with the object of abusing the victim, on the ground that she belongs to Scheduled Caste. These two essential elements must be there, for an offence under Section 3(1)(s) of the SC/ST Act. As regards the allegation under Section 452 IPC also, there is something doubtful as to whether this is in fact a case of house trespass with preparation to cause hurt, or only a case of house trespass with intention to cause hurt. All these aspects will be probed into appropriately during trial.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, they will definitely obstruct the investigation.