AUGUSTIN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Crl.Appeal, Annexure-A order refusing bail to the appellant is under challenge. The appellant is the accused in Crime No.131/2022 of Rajapuram Police Station. The offences alleged are under Sec. 376(2)(n) of the Indian Penal Code and Sec. 3(2)(v) of the Scheduled Caste/Scheduled Tribe(Prevention of Atrocities) Act, 2015( in short,' the Act').

(2.) The prosecution would allege that in the months of September and November, 2021, the appellant committed rape on the victim, who is a member of the Scheduled Tribe, pursuant to which she became pregnant.

(3.) The bail sought for was refused vide the impugned order only on the premise that the victim may be influenced or intimidated by the appellant, she being a member of the marginalised sector. Another reason stated is that release of appellant on bail may send across a wrong message to the society.