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K. BABU
Syam Raj R. S. , S/o. Rajan, Soumya Nilayam – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent
JUDGMENT :
K. Babu, J.
This is an appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act’). The challenge in the appeal is to the order dated 14.08.2024 in Crl.M.P.No.482 of 2024 passed by the Special Court for the trial of Offences under SC/ST(POA) Act, Nedumangad.
2. The appellant is accused No.2 in Crime No.586/2024 of Naruvamoodu Police Station. The appellant is alleged to have committed the offences punishable under Sections 115(2), 296(b), 333, 351(2), 74 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Act.
The Prosecution case:-
3. The appellant is not a member of the Scheduled Caste or Scheduled Tribe. The victim/respondent No.2 is a member of a Scheduled Caste community. On 24.07.2024 at 10.15 pm, the appellant and the other accused criminally trespassed into the residence of the victim and voluntarily caused hurt to him. They abused the victim by calling his caste name within the public view. Accused No.1 caught hold of the hair of the de facto complainant’s wife and pushed her down. The appellant dragged her. Accused No.3 fisted
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be availabl....
A complaint must allege that offenses were based on caste discrimination to invoke protections under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The judgment emphasizes the need to demonstrate intention to humiliate a member of the SC/ST community for the SC/ST Act to apply, and discusses the applicability of anticipatory bail under the Act.
The main legal point established in the judgment is the applicability of Section 18 of the Act of 1989 in barring the application for anticipatory bail under Section 438 of Cr.P.C. in cases involving....
The main legal point established in the judgment is the interpretation of the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act,1989, and the applicability of the....
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
Point of law : Even if the bare reading of the FIR/ complaint indicates that prima facie provisions of the Act are not found to be attracted, then harmonious construction of Section 438 of the Code o....
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