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.
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