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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA, J
Smitha W/o Joby Kurian – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
C.S. SUDHA, J.
This appeal under Section 14A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the petitioners/accused nos.1, 2 & 6 (A1, A2 & A6) in crime no.200/2025, Nedumkandam police station, aggrieved by the dismissal of their petition under Section 482, BNSS, namely, Crl.M.C. No.128/2025, on the file of the Court of Session, Thodupuzha, seeking pre-arrest bail.
2. It was submitted by the learned counsel for the appellants/A1, A2 & A6 that the bar under Section 18 and 18A of the Act will not be attracted as the appellants were unaware that the 3rd respondent(R3)/informant/injured is a member of the Scheduled Caste community as her father is a Christian and as she is married to a Christian. The present crime is the counter case of crime no.199/2025, Nedumkandam police station, in which the 1st appellant/A1 herein is the informant/injured. The said crime was registered alleging commission of offences punishable under Sections 269(b), 126(2), 115(2), 118(1), 74, 75(1)(iv), 79 and 3(5) BNS. There were civil disputes relating to the resort where the incident took place. It was in the said background the incident took p
The court ruled that awareness of the informant's caste is essential for the applicability of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, affecting the grant of pre-arrest b....
The court ruled that allegations under the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act require a direct link to the victim's caste status, which was not established in this....
The SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
A definitive finding on prima facie evidence is mandatory for rejecting anticipatory bail in cases under the Scheduled Castes and the Scheduled Tribes Act.
The bar under Section 18A of the SC/ST Act does not apply if the complaint fails to establish a prima facie case, allowing for anticipatory bail.
Anticipatory bail under SC/ST Act can be granted when the allegations do not establish a prima facie case within public view.
Bar will not apply where the complaint does not make out “a prima facie case” for the applicability of the provisions of the Act. A statutory exclusion of the right to access remedies for bail is con....
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be availabl....
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