KOCHANIYAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused in Crime No.828/2019 of Chavara Police Station for offence punishable under sections 143, 147, 148, 341, 294(b), 323, 324, 326 read with section 149 of the Indian Penal Code and section 3 (1) (r) (1) (s) 3(2) (va) of the SC/ST (Prevention of Atrocities) Act. Aggrieved by the dismissal of the bail application filed as Crl.M.P.No.138/2019 filed before the Special Judge for Trial of SC/ST (Prevention of Atrocities) Act cases, they have approached this court seeking bail.

(2.) The prosecution allegation is that, on 3.8.2019 at about 9.30 am., while the defacto complainant and his brother were proceeding along a pathway on a motor cycle, they were intercepted by the accused. The first accused verbally abused the defacto complainant calling him caste name and thereafter the third accused hit on the body of the defacto complainant with the stem of the palm tree. When the brother of the defacto complainant intervened, he was also assaulted by them. They sustained injuries and were taken to the hospital. FIS was laid on the same day and crime was registered. Apprehending arrest, the appellants sought for bail. This application was dismissed by the court below, which is under challenge in this proceedings. The defacto complainant has filed Crl.M.A.No.2 of 2019 in this appeal, to get himself impleaded.

(3.) Heard the learned counsel for the appellants, the learned counsel for the impleading petitioners and the learned Public Prosecutor. Though Crl.M.A.No.2/2019 was not formally allowed and is closed, the defacto complainant was also heard in detail.