ARUNDEV S/O RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, aggrieved by the rejection of his application for anticipatory bail by the Sessions Court, Kozhikode, in Crime No.219/2018 of Balussery Police Station for offences underf sections 451, 511 of 376 of the Indian penal Code and sections 3(1) (w) and 3 (2) (va) of SC/ST (Prevention of Atrocities) Act, has approached this court seeking reliefs.

(2.) It was alleged by the prosecution that on 30.4.2018, at 21 hours, the appellant herein trespassed into the house of the defacto complainant, fully knowing that the defacto complainant is a member of a Scheduled caste community, that the appellant herein does not belong to that community, and attempted to commit rape of the defacto complainant. Crime was registered and investigation is progressing. The appellant herein has approached the court below seeking bail. It was declined by the court below, considering the nature of allegations and also holding that bar under section 18 of SC/ST (Prevention of Atrocities) Act could apply. This is under challenge in this proceedings.

(3.) The learned counsel for the appellant contended that even according to her the defacto complainant was not known to him and he used to make calls to her. On the date of incident, on seeing her talking to the appellant herein, the defacto complainant's husband allegedly assaulted her. She sustained several injuries on her body and was taken to the hospital. To escape from further allegations, a false case was set up against him submitted by the learned counsel for the appellant, it was contended.