JUDGMENT

Dated this the 04th day of January, 2022.

An order passed by First Additional Sessions Judge, (In charge of the Principal Sessions Judge), Court of Sessions, Ernakulam (for short, ‘the court below’) in Crl.M.C No.2373/2021 in Crime No.554/2021 of Kottapady Police Station, Ernakulam is assailed in the petition on hand. Crl.M.C No.2373/2021 was an application filed by the appellant/accused before the court below under Section 439 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) seeking for regular bail.

2. Crime No.554/2021 was registered against the appellant/accused by Kottapady Police Station, alleging commission of offences punishable under Sections 447, 354, 354(A),(1)(i) IPC read with Section 3(1)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SC/ST(POA) Act’). The court below has dismissed the application vide the order assailed for the reason that the investigation in the case was only on it’s move and it’s apprehension that the victim and her relatives will be subjected to criminal intimidation and assault at the hands of the accused on enlarging the appellant on bail. The court below