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2026 Supreme(Online)(Ker) 7808

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
RAKESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.MANU SRINATH, SHRI.LIJO JOHN THAMPY, SMT.NIVEDITA MUCHILOTE, SHRI.RIYAS M.B., SHRI.JINSU M. JAIS
For the Respondents: ADV.ANIMA.M, SHRI.SANIL KUNJACHAN, SMT.PRIYANKA M.D., SHRI.RISHI CHANDRAN

JUDGMENT

Dated, this the 29th day of January, 2026 The order dated 25.10.2024 in Crl.M.P. No. 3430 of

2024 in S.C.No. 575 of 2014 on the files of the Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Alappuzha, is under challenge in this appeal filed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST (PoA) Act'

hereinafter).

2. Heard the learned counsel for the appellants, the learned Public Prosecutor as well as the learned counsel appearing for the party respondents 2 and 3, who are the aggrieved persons.

3. In this case, at present, the prosecution alleges commission of offences punishable under Sections 447 , 323, 324, 354, 294(b), 506(ii) and 427 read with Section

34 of the Indian Penal Code as well as under Section 3 (1)

(x) of the SC/ST (PoA) Act, by the accused persons.

4. The prosecution case is that, on the premise of a prior boundary dispute with CW1, who belongs to the Hindu-Tandan Community (a Scheduled Caste), and his wife, a member of the Hindu-Ezhava Community, the accused, who is a member of the Hindu-Nair Community, (not either Scheduled Caste or Sche

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