Dismissed

Danraj v. State of Kerala

Kerala HC19 Nov 2014Bail Appl./7520/2014

Case brief

AI extract

What is this about?

Disposal of an anticipatory bail application filed by two accused persons in a case involving trespass, assault, and outrage of modesty. The court held that the offence falls under the SC & ST (Prevention of Atrocities) Act, 1989 and dismissed the bail petition as not maintainable under Section 18 of that Act.

What did the court decide?

The bail application was dismissed as not maintainable under Section 18 of the SC & ST (Prevention of Atrocities) Act, 1989.

Danraj Vs State of Kerala — Caste Atrocities | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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WEDNESDAY, THE 19TH DAY OF NOVEMBER 2014/28TH KARTHIKA, 1936

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Bail Appl..No. 7520 of 2014

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CRIME NO. 1186/2014 OF KUNNICODE POLICE STATION, KOLLAM DISTRICT.

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PETITIONER(S)/ACCUSED 2 AND 3:

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1. DANRAJ, AGED 22 YEARS,

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S/O. RAJEEVAN NAIR, SAMBUBILASAM,

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AVANEESWARAM P.O., KAMUKUMCHERRY,

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PIDAVOOR VILLAGE, PATHANAPURAM,

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KOLLAM DISTRICT.

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2. VINODKUMAR, AGED 34 YEARS, S/O. MOHANAN PILLAI, VINOD BHAVAN,

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AVANEESWARAM P.O., KAMUKUMCHERRY, PIDAVOOR VILLAGE, PATHANAPURAM,

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KOLLAM DISTRICT.

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BY ADVS.SRI.BECHU KURIAN THOMAS

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SRI.S.SREEDEV

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-11-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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B.KEMAL PASHA, J.

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========================

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B.A. No.7520 of 2014

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========================

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Dated this the 19^th day of November, 2014

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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Petitioners are A2 and A3 in Crime No.1186/2014

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of Kunnikode Police Station, registered for the offences punishable under Sections 447, 323 and 354 read with Section 34 IPC and Section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Attorcities) Act, 1989 (for short ‘the SC & ST (PA) Act, 1989’).

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The allegation against the petitioners and the other accused is that on 07.09.2014, at 07.00 p.m., they, in furtherance of their common intention, trespassed into the courtyard of the house of the defacto complainant, who is a member of a Scheduled Caste and attacked the defacto

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BA No.7520/2014

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: 2 :

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complainant and her sister-in-law named Vijaya. It is also alleged that the accused had disrobed the defacto complainant and the said Vijaya and severely outraged the modesty of the defacto complainant and the said Vijaya.

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Heard learned counsel for the petitioners and the learned Public Prosecutor.

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The learned Public Prosecutor has pointed out that the petition under Section 438 Cr.P.C. is not maintainable in this case in view of Section 18 of the SC & ST (PA) Act, 1989. According to the learned counsel for the petitioners, the defacto complainant is a converted Christian and she cannot be treated as a member of a Scheduled Caste. At the same time, the learned Public Prosecutor has pointed out that there is specific allegation that the modesty of the sister-in-law of the defacto complainant was also outraged.

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There is no case that the said Vijaya is a converted Christian. According to her, still she continues to be a member of the Kurava Community, which is a Scheduled

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BA No.7520/2014

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: 3 :

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Caste. Matters being so, the bar under Section 18 of the SC & ST (PA) Act, 1989 applies to the present case.

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In the result, this bail application is dismissed as not

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maintainable.

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Sd/-

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B.KEMAL PASHA, JUDGE

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DSV/19/11

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/True copy/

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P.A. to judge

Danraj v. State of Kerala

Case brief

What is this about?

What did the court decide?

Danraj v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

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