Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 4th accused in Crime No.734 of 2014 of Neyyar Dam Police Station, Thiruvananthapuram, presently pending investigation for the offences punishable under Sections 442 and 354 IPC r/w 34 IPC and Section 3(1)(xi) of the Scheduled Caste/Scheduled Tribe Prevention of Atrocities Act, 1989 and Sections 12 and 17 of the Protection of Children from Sexual Offences Act.
3. By offering food and free travel in a luxury coach to the members of the Scheduled Tribes for participating in the Annual Meeting of the Kerala Congress Party, which had to be held at Kottayam, 35 members of Scheduled Tribes were taken in a tourist bus by the petitioner and other accused. When they covered half a distance, the petitioner and the other accused consumed liquor. Thereafter, they attempted to supply liquor to the male members in the tour party. Even though, some of the male members had refused to take liquor, they went on insisting them to take liquor. Thereafter, all the girls from the age group of 8 to 18 and other women in the tour party were sexually harassed and abused. There modesty was severely outraged. According to the defacto complainant woman, the said tour still remains as a nightmare in her life.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the CD, prima facie, reveals the complicity of the petitioner. This is a case wherein women members of Scheduled Tribes were sexually harassed to the maximum. There was sexual abuse on the children also. The investigation has a long way to go. The matter has to be further investigated and all the persons behind all these have to be brought to justice.
6. The investigating officer has reported that it was a calculated move from the accused including the petitioner made for satisfying their sexual lust by molesting such tribal people by creating a safe atmosphere. The poor tribal people fell in the trap played by the petitioner and the other accused. It has been reported that the petitioner and other accused are involved in a similar offence, earlier also. Considering all the above, I am of the view that this is not a case, wherein anticipatory bail can be granted. Further, there is clear statutory bar under Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 to invoke the power under section 438 Cr.P.C.
In the result, this bail application is dismissed.
Sd/-
B. KEMAL PASHA JUDGE das // True copy // PA to Judge