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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA, J
Akshay S. S/o. Subhash V. Singh – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
C.S. SUDHA, J.
This appeal under Section 14A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the petitioner/accused in crime no.1013/2023 of Pantheerankavu police station, Kozhikode, aggrieved by the dismissal of his petition under Section 438 Cr.P.C ., namely, Crl.M.C.No.429/2024, on the file of the Court of Session, Kozhikode, seeking pre-arrest bail.
2. It was submitted by the learned counsel for the appellant/accused that the latter got acquainted with the 2nd respondent herein, the alleged victim through Shaadi.com. The 2nd respondent, though a married lady registered herself in the aforesaid site as an unmarried lady. The appellant/accused got acquainted with the 2nd respondent. Suppressing the fact that the 2nd respondent was already married, she entered into a relationship with the appellant/accused, pursuant to which they started living together. While so, the 2nd respondent conceived and later on, at her instance she underwent an abortion. It was 6 months after the abortion, Annexure A5 FIS was given based on which the present crime, that is, crime no.1013/2023, that is, Annexure A6 FIR has been regis
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 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....
Section 18 SC/ST Act bars pre-arrest bail if prima facie offence made out; here, caste-motivated confinement, beating of minor scheduled caste victim for touching house constitutes such offence.
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
The bar under Section 18 of the SC & ST (POA) Act does not apply to cases where the alleged abuse in the name of caste takes place within a private place and is not in public view.
The court emphasized reconciliation in matrimonial disputes, allowing bail and quashing the FIR to promote harmony between the parties.
Allegations of sexual intercourse based on a promise of marriage may constitute an offence under the SC/ST (PoA) Act, despite consent, necessitating denial of anticipatory bail.
The court affirmed that prima facie allegations warrant custodial investigation under the SC/ST (POA) Act, denying bail based on the necessity of meaningful investigation.
While considering any application seeking pre-arrest bail, High Court has to balance two interests: i.e. that the power is not so used as to convert jurisdiction into that under Section 438 of Crimin....
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