SHAJAHAN @ ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein stands arrayed as the 1st accused in Crime No.327/2019 of Pathanamthitta Police Station for offences punishable under Section 294(b), 506(i) r/w Section 34 of the IPC and Section 3(1)(r) and 3(1)(s) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act.

(2.) The allegation of the defacto complainant is that on 28.01.2019, while he was waiting on the road side, the accused two in numbers, reached the spot, abused him by calling caste name and intimidated him referring to the litigations initiated by the defacto complainant. The 2nd accused allegedly pushed him. Complaint was laid and crime was registered. Apprehending arrest the appellant sought bail before the the Sessions Court, Pathanamthitta by filing Crl.M.P.No.3842 of 2019. This was dismissed by the Court below, which is under challenge in this proceedings.

(3.) Heard the learned counsel for the appellant and the learned Public Prosecutor who opposed the application. It was contented by the Public Prosecutor that substantial materials are available to establish the allegations against the accused.