SHIJU P.B. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein has been arrayed as the sole accused in the instant Crime No.228/2019 of Kelakam Police Station, which has been registered for offences punishable under Secs.376(2)(n), 451, 323, 506(i) of the IPC and Secs.3(1)(w)(1)(2), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The petitioner was arrested on 26.7.2019 and has been under detention since then. Thereafter the petitioner had moved regular bail application as Crl.M.C. No. 1333/2019 before the Sessions Court, Thalassery, which the said Court has dismissed as per the impugned order dated 17.8.2019. Being aggrieved by the said impugned order which has led to the dismissal of his regular bail application, the petitioner has challenged the same by filing the instant Criminal Appeal under Sec.14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 as amended.

(2.) Heard Sri.P.S.Binu, learned counsel appearing for the appellant and Sri.P.N.Sumod, learned Prosecutor appearing for the respondent State.

(3.) The prosecution case in short is that, the petitioner aged 27 years assured the lady defacto complainant aged 27 years that he would marry her, and on the said assurance they had started an affair and the lady belongs to Scheduled Tribe and the petitioner knew very well that she belonged to the said community, and that on the basis of his assurance and in the course of affair the petitioner had taken her to a Resort in Wayanad and some other places and had sexual intercourse with her, and had assured her that he would marry her. Later the lady came to know that the petitioner was in fact a married man, and his initial version that he is an unmarried man, etc is false, and that she had stopped her relationship with him. Thereupon he had trespassed into her house, and beaten on her face and threatened her parents, etc.