SHERLY JOSEPH Vs. STATE OF KERALA
LAWS(KER)-2024-1-59
HIGH COURT OF KERALA
Decided on January 22,2024

Sherly Joseph Appellant
VERSUS
STATE OF KERALA Respondents




JUDGEMENT

K.BABU, J. - (1.)The challenge in this Criminal Appeal filed under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'SC/ST (PoA) Act') is to the order dtd. 13/11/2023 in Crl.M.C.No,159 of 2023, dismissing the application seeking anticipatory bail by the Sessions Court Kasaragod.
Facts

(2.)The appellant is the Headmistress of Kottamala MGM UP School in Kasaragod District. Victim is a 5th Standard student in the school. The victim filed a complaint alleging the following:-
On 19/10/2023 at 9.40 a.m., while the he was attending the morning school assembly, the appellant, using a scissors cut his hair in the presence of teachers and students. When he returned to his class, the students in the class mocked and insulted him. During the lunch break, he met his mother who was working in the nearby property. He went along with his mother. He did not disclose the incident to his mother. After the incident, the victim showed reluctance to attend the school. He belongs to Scheduled Tribe. The appellant belongs to Christian Community. The appellant committed the above acts with the knowledge that the victim belonged to the Scheduled Tribe Community.

(3.)Based on the complaint dtd. 28/10/2023 lodged by the victim, Chittarikkal Police registered FIR No.450/2023 alleging the offences punishable under Sec. 341 of IPC, Ss. 3(1)(e) and 3(2)(v)(a) of the SC/ST (PoA) Act and Sec. 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, (For short 'JJ Act'). The appellant filed application seeking anticipatory bail before the Sessions Court. The Sessions Court held that the prosecution failed to prima facie establish the offences under the SC/ST (PoA) Act. However, the Sessions Court found that there is strong prima facie case to attract the offence punishable under Sec. 75 of the JJ Act and held that the appellant is not entitled to anticipatory bail.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.