CHANDRABOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are arrayed as accused Nos. 2 to 4 in Crime No.1363/2017 of Thalipparamba Police Station for offences punishable under Sections 498A , 406 , 323 and 324 of IPC and Section 3(1)(S) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act . According to the de facto complainant, the 1st accused had married her on 27.10.2016. The de facto complainant belong to SC/ST community and the 1st accused belong to a community other than SC/ST community. It was alleged that while the de facto complainant was residing with the 1st accused, she was subjected to matrimonial cruelty by the accused who are the husband and in-laws and also committed offences punishable under Section 3(1)(S) of the SC/ST (POA) Act. The de facto complainant laid a complaint, pursuant to which crime was registered.

(2.) The petitioners apprehending arrest, moved the learned Sessions Judge seeking anticipatory bail in Crl.M.C.1554/2017. It was dismissed by the learned Sessions Judge holding that in the light of bar under Section 18 of the SC/ST (POA) Act and from the statement of the de facto complainant it is premature to conclude that no prima facie case is made out against the accused so as to attract offence under Section 3(1)(S) of the SC/ ST Act . This is challenged in this appeal by the petitioners.

(3.) It was contended by the learned counsel for the petitioners that the offence under Section 3(1)(S) of the SC/ST (POA) Act is not prima facie made out since even according to the allegations made by the de facto complainant the offence in relation to Section 3(1)(s) was committed inside the matrimonial home. Hence, it could not have been within the public view. It was also contended by the learned counsel for the petitioners that racial discrimination could not arise for the simple reason that the 1st accused who is a member of the family of the remaining accused had married the de facto complainant and all of them were living under the same roof. Hence, even if family bickerings were there, that could not be given a racial colour thereby invoking the provisions under the SC/ST (POA) Act.