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2023 Supreme(Online)(KER) 7645

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SHITHIN SHAJI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ANOOP KRISHNA V.A.PRADEEP KUMAR JENNY THANKAM

JUDGMENT

This is an appeal under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The appellant is the sole accused in Crime No.145 of 2023 of Mala Police Station. He has been in judicial custody since 22.09.2023. His application for bail was dismissed by the Special Court for SC/ST (POA) Act Cases, Thrissur. The said order is under challenge in this appeal. 2. Pursuant to notice, the defacto complainant appeared in person.

3. Heard the learned counsel appearing for the appellant, the learned Public Prosecutor and the defacto complainant in person.

4. Smt.Anjali, aged 28 years, is the daughter of the defacto complainant. She committed suicide on 09.02.2023. She hanged herself inside her house. The allegation is that as a consequence of the torture and harassment by the appellant, she had committed suicide. She being a member of the Scheduled Caste, the acts of the appellant amounted to offences punishable under Sections 306 and 323 of the Indian Penal Code, 1860 ( IPC ) and Section 3 (2)(v) of the SC/ST Act.

5. The learned counsel for the appellant would submit that only on the basis of a diary notings said to have been

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