PRAKASH A Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in crime No.53/2019 of Kumbala Police Station registered for offences punishable under Sections 354 IPC and Section 3(1) (w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 2003.

(2.) The brief of the prosecution case based on the F.I. Statement of the lady defacto complainant is that the petitioner had outraged the modesty of the said defacto complainant who is a member of the Moger community, (scheduled caste) on 8.01.2019 and 09.01.2019 at her workplace at Akshaya centre, Bambrana. Petitioner was deputed to Akshaya centre from the village office. The petitioner had held her by his hand and that she had wriggled out by throwing the pen and paper. The petitioner had threatened that he will complain against her subordination etc.

(3.) The petitioner had earlier approached this court seeking anticipatory bail by filing B.A.No.1065/2019, which this court had disposed of on 20.02.2019 by holding that ordinarily an application of pre arrest bail for offence under the SC/ST (POA) Act may not be maintainable under Section 438 of the Code and that the petitioner will have to approach the special court for consideration of regular bail and if it is otherwise any such decision of the special court is amenable for an appeal under Section 14 A of the said Act.