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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
Ranjith K. S/o Raghavan Nair – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. This is an appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC/ST Act’) challenging an order dated 05-03-2025 in Crl. M.C. No. 247/2025 on the file of the Sessions Court, Kozhikode, dismissing an application filed by the appellant for anticipatory bail in connection with Crime No.9/2025 of Kunnamangalam Police Station. The allegation against the appellant is that, on 30-12-2024, at about 09.00 P.M, he had assaulted the 2nd respondent herein with a steel bangle and had also abused him by referring to his caste name. This offence is stated to be committed in a public place.
2. The learned counsel for the appellant submits that the appellant is totally innocent of the allegations leveled against him. It is submitted that the appellant is accused no.1 in the case, and the 2nd accused in the case and his relatives had some verbal altercation with the de facto complainant (2nd respondent herein) on the previous day of the alleged incident. It is submitted that on the next day, the de facto complainant and his friends trespassed into the house of the 2nd accused and assaulted him w
The court granted anticipatory bail under the SC/ST Act, emphasizing that custodial interrogation was not necessary given the nature of the allegations and the appellant's prior bailable offences.
The court may grant anticipatory bail under the SC/ST Act if the allegations against the accused are not substantiated and prior complaints exist.
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
The court established that anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
The court established that anticipatory bail can be granted when custodial interrogation is not necessary, especially in cases involving significant delays in filing allegations under the SC/ST Act.
On facts, false complaint has been made by the complainant; and thereafter again FIR has been lodged under the offence of SC/ST Act, in these circumstances, without commenting on merits of the case, ....
Anticipatory bail cannot be granted under the SC/ST (POA) Act if prima facie evidence exists, but prior disputes must be considered to prevent false implications.
Point of law: Section 8(c) provides that the accused was having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of t....
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