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2023 Supreme(Online)(KER) 18287

HIGH COURT OF KERALA
V. G. Arun, J
C H SHAMEEM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
S.RAJEEV, V.VINAY, M.S.ANEER, SARATH K.P, PRERITH PHILIP JOSEPH, ANILKUMAR C.R

JUDGMENT

Dated this the 31st day of May, 2023 The appellant, a senior teacher in the L.P School, Irimbupalam is the sole accused in Crime No.196 of 2023 registered for offences punishable under Sections 354 B and 294(b) of IPC and Sections 3(1)(s), 3(1)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The crime is registered based on the second respondent's complaint that she was humiliated and intimidated by the appellant and an attempt made to disrobe her by pulling the shawl of her dress, thereby outraging her modesty. Even though appellant approached the Special Court seeking anticipatory bail, that application was dismissed finding the offences under the SC/ST (PoA) Act have been prima facie made out and hence, the prohibition under Section 18A of the Act being applicable. Hence, this appeal.

3. Learned Counsel for the appellant contended that the allegations are patently false and ill-motivated. It is submitted that, even though the second respondent was not appointed in the LP School in any capacity, she was managing the affairs of the school, at the behest of the Headmaster. On the appellant was being transferred a

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