S K Vijayasankar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 Crl.MC.No. 6082 of 2015 --------------------------------- CRIME NO. 105/2014 OF THIRUVALLAM POLICE STATION , THIRUVANANTHAPURAM ------------------ PETITIONER(S)/ACCUSED:

-------------------------------------- S K VIJAYASANKAR, S/O.KRISHNAN NAIR, AGED 52 YEARS, KUNDARATHALA VEEDU, NEAR AGRICULTURAL COLLEGE, POONKULAM, VELLAYANI PO, THIRUVANANTHAPURAM. BY ADVS.SRI.BLAZE K.JOSE SRI.M.RAJESH SMT.P.SHEENA RAJAN SMT.RESHMA G.MENON RESPONDENT(S)/COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN 682 031.

2. THE SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION, PIN 695 114.

3. VIJU, S/O.KRISHNAN, AGED 52 YEARS, PUTHUVIL POTTAVILA VEEDU, PADINJARE POONKULAM, PACHALLOOR DESOM, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM, PIN - 695 114.

BY PUBLIC PROSECUTOR SMT.SAREENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 6082 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNX.I - A CERTIFIED COPY OF FIR IN CRIME NO.105/2015 OF THIRUVALLAM POLICE STATION.

RESPONDENT(S)' ANNEXURES --------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B.KEMAL PASHA, J.

................................................................ CRL. M.C. No. 6082 of 2015 ............................................................... Dated this the 15th day of September, 2015

O R D E R

Petitioner is the accused in Crime No.105/2014 of the Thiruvallam Police Station, which was registered for the offences punishable under Sections 294(b) IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). 2.

The case of the defacto complainant is that he was called his caste name and was abused by the petitioner in a private property at 9.30 a.m. on 4.2.2013. Apart from the said allegation, he has no case that he was ridiculed or abused and was called his caste name in public view. As per Section 3(1)(x) of the Act, an offence under Section 3(1) (x) can be attracted only when a member of a scheduled

CRL.M.C.No.6082 of 2015 -: 2 :- caste or scheduled tribe is intentionally insulted or intimidated with intent to humiliate him or her within public view. When there is no such allegation that such an act is committed by the petitioner in public view or with intent to humiliate him, an offence under Section 3(1)(x) of the Act cannot be attracted.

In the result, this Crl.M.C. is allowed in part, and the offence under Section 3(1)(x) of the Act, incorporated in Annexure-1 FIR, is hereby, quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge