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ZIYAD RAHMAN A.A.
Byju Sebastian – Appellant
Versus
State of Kerala – Respondent


Counsel for the Parties:
For the Appellant:Saiby Jose Kidangoor, Benny Antony Parel, P.M. Mohammed Salih, Anoop Sebastian, Pramitha Augustine, Irine Mathew and Anjali Nair, Advocates
For the Respondents: Neema T.V., Public Prosecutor

ORDER

Ziyad Rahman A.A., J.—This is an application submitted for anticipatory bail under Sec. 438 of the Cr.P.C.

2. The petitioners are the accused Nos. 1 & 2 in Crime No. 1285/2021 of Ranny Police Station, which is registered for the offences punishable under Secs. 294(b), 506, 354-A & 34 of the IPC read with Secs. 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The prosecution case is that on 1.10.2021 at 10 A.M., the petitioners herein have abused the defacto complainant by calling her caste name and also using abusive words. The crime was registered in the said circumstances.

4. Heard both sides. Even though, the notice of the bail application has been served on the 3rd respondent/defacto complainant, there is no appearance for her.

5. The learned counsel for the petitioners contends that the aforesaid complaint was submitted by the defacto complainant by raising false allegations at the instance of one V.T. Varghese, who is in inimical terms with the petitioners herein.

6. The specific case of the petitioners is that the said V.T. Varghese had donated 26 cents of property lying in the neighbourhood of the petitione

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