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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA, J
Viswamithran S/o.late K.nanu – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
(C.S. SUDHA, J.)
This appeal under Section 14A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the informant/injured in crime no.1877/2024, Kundara police station, aggrieved by the order dated 31/12/2024 in Crl.M.P. No.381/2024 on the file of the Court of the Special Judge for Scheduled Caste/Scheduled Tribe (POA) Act Cases, Kottarakkara, by which the request for pre-arrest bail under Section 482 of BNSS by the 4th respondent/accused in the crime was allowed.
2. The appellant herein will be referred to as the informant/injured and the 4th respondent herein as the accused.
3. The prosecution case is that the informant/injured, a member of the Kerala Congress (M) District Committee, Kollam, along with Rajeev, another party worker, on 10/12/2024 between 10:30 a.m. and 11:00 a.m. went to the office of the Perayam Panchayat for enquiring about the permit for house construction. He met the Secretary of the Panchayat and made necessary enquiries and was coming out of the office of the Panchayat at which time, the accused through Rajeev called him to the room of the President. When he reached the office room of the President,
The court upheld the trial court's decision that the alleged abuse did not occur in public view, thus affirming the grant of pre-arrest bail under the Scheduled Caste & Scheduled Tribe (Prevention of....
Anticipatory bail under SC/ST Act can be granted when the allegations do not establish a prima facie case within public view.
The main legal point established in the judgment is the interpretation of 'public view' and 'intentional insult or intimidation' under the Scheduled Castes and Scheduled Tribes (Prevention of atrocit....
Anticipatory bail under SC/ST (POA) Act denied when evidence supports allegations of caste-based abuse.
Anticipatory bail under SC/ST (POA) Act denied when evidence supports allegations of caste-based abuse.
The validity of charges under the SC/ST (POA) Act hinges on actions occurring in public view, with verbal abuse being actionable if witnessed by third parties.
The ingredients of the offence under S. 3(1)(r) of the S.Cs. & S.Ts. (PoA) Act are (1) intentionally insults or intimidates with interest to humiliate a member of a Scheduled Caste or a Scheduled Tri....
Mere allegations without evidence of public view do not constitute an offence under the SC/ST Act unless insults target caste identity in a public context.
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