IN THE HIGH COURT OF KERALA
, J
Sharon A. S. and Others v. State of Kerala
1. The appellants herein are accused Nos.1, 2, 3 and 5 in Crime No. 976 of 2017 of Guruvayur Temple Police Station, registered on the allegation of offence punishable under S.143, S.147, S.341, S.323 and S.294(b) read with S.149 of Indian Penal Code and S.3(1)(x) [as per the amendment 3(1)(s)] of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989').
2. The prosecution case is that at about 8.45 p.m. on 16/12/2017 at the Kousthubham Park, Guruvayur, a gang of persons assaulted the de facto complainant, a person belonging to scheduled caste. He was abused and humiliated on account of being a member of the scheduled caste. An application was submitted before the Special Court for anticipatory bail in Crl. M.C. No. 2216 of 2017 and it was dismissed by the Special Judge as there is a bar under S.18 of the Act. An appeal was filed under S.14A of the Act of 1989 before a Single Judge of this Court The learned Single Judge based on the divergent finding on the question whether an appeal under S.14A of the Act is maintainable against an order disallowing pre - arrest bail under the Act rendered in Ajan G. Krishnan v.
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