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2022 Supreme(Ker) 677

A. BADHARUDEEN
Abbas R. V. , S/o. Veerankutty – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Balamurali K.P.
For the Respondent: P.V.Jeevesh, Sri.T.R.Renjith

JUDGMENT :

A. BADHARUDEEN, J.

This appeal is directed against order in Crl.M.P.No.863/2022 dated 02.09.2022 on the file of the Special Court for Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as `the SC/ST Act' for convenience], Mannarkkad in Crime No.180/2022 of Agali Police Station, Palakkad District. Accused No.1 is the appellant. Respondents are State of Kerala as well as the defacto complainant.

2. The vital questions pose for consideration in this appeal are as under:

    i) Whether grant of anticipatory bail is specifically barred in cases involving commission of offences under the Scheduled Tribes (Prevention of Atrocities) Act, 1989?

ii) Is relaxation to Section 18 and 18-A of the SC/ST Act is permissible? If so, to what extent?

iii) How the word `knowing' in Section 3(2)(va) of the SC/ST Act to be understood?

3. Heard the learned counsel for the appellant Advocate Balamurali, Advocate P.V.Jeevesh appearing for the defacto complainant and the learned Public Prosecutor, in detail.

4. The prosecution allegation is that the accused Nos.1 and 2 in this crime, who are not members of Scheduled Caste or Scheduled Tribe community, crim

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