AKHILESH SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises out of order in Crl.M.P.No.3715/2022 on the file of District Sessions Court, Pathanamthitta. The appellant is the first accused in Crime No.1404 of 2022 of Thiruvalla Police Station, alleging commission of offences under Ss. 341, 294(b), 506, 323, 427,34 of IPC, and under Sec. 3(1)(r) and (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015)(hereinafter referred as' SC/ST Act' for convenience).

(2.) Apprehending arrest in the above case involving nonbailable offence, the appellant/accused filed petition under Sec. 438 of Cr.P.C before the Special Court under the Narcotic Drugs and Psychotropic Substance Act, 1985. The learned Special Judge after finding prima facie case and also taking note of the antecedents of the petitioner in other crimes, dismissed the application.

(3.) Heard the learned counsel for the appellant as well as the learned Public Prosecutor representing the respondent. Though notice served to the defacto complainant he did not appear.