ATHUL .P Vs. STATE OF KERALA

JUDGEMENT

(1.) Sri.Athul P. and Sri.Ajeesh T, who were initially got arrayed as accused Nos.6 and 8 in crime No.1111/2025 of Enath Police Station, Pathanamthitta, have filed this criminal appeal under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended in 2018 (hereinafter referred to as 'SC/ST POA Act, 2018' for short), challenging order dtd. 26/11/2025 in Crl.M.P.No.9150/2025 on the files of the Special Court for SC/ST (POA) Act cases, Pathanamthitta, whereby the learned Special Judge dismissed the anticipatory bail plea at the instance of the appellants.

(2.) Heard the learned counsel appearing for the appellants and the learned Public Prosecutor for the 1st respondent. Alhough notice was served upon the defacto complainant, as mandated under Sec. 15A(3) of the SC/ST (POA) Act, 2018, he did not turn up.

(3.) Here, the prosecution alleges commission of offences punishable under Ss. 296(b), 115(2), 118(1), 351(2), 110, 324(4), 189(2), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, as well as under Ss. 3(1)(s) and 3(2)(va) of the SC/ST (POA) Act, 2018 by the accused. The prosecution allegation is that at about 10.45 pm on 28/9/2025, at a place namely Kochukunnumukku, hurling obscene words on the defacto complainant and intimidating him with death, accused No.1 in this crime had attempted to beat the defacto complainant aiming at the head of the defacto complainant using an iron rod. While hurling obscene words, the 2nd accused had stamped on the right thigh of the defacto complainant. Accused Nos. 5 and 6 along with the other accused persons had attacked the persons, namely, Manikuttan, Akhil, Sreejith and Kiran, who were accompanying the defacto complainant. In addition to that, the accused persons had destructed the auto-rickshaw owned by the defacto complainant.