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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
Varghese Varghese S/o Late Mathai Varghese – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. anticipatory bail application filed under sc/st act. (Para 1 , 2) |
| 2. claim of false complaint by the appellant. (Para 3) |
| 3. opposition to anticipatory bail by the prosecution. (Para 4) |
| 4. court's reasoning for granting bail. (Para 5) |
JUDGMENT :
1. This appeal has been 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 the order dated 04.06.2025 on the file of the Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (Sessions Court) Alappuzha in Crl.M.C. No.598 of 2025, rejecting the application filed by the appellant for anticipatory bail in connection with Crime No.292 of 2025 of Pulincunnu Police Station. The appellant is the 1st accused in Crime No.292 of 2025 of Pulincunnu Police Station, which has been registered alleging commission of offences under Sections 329(3), 296(b), 115(2), 118(1) and 74 of BNS and under Sections 3(1)(s) and 3(2)(va) of the SC/ST Act.
2. The allegation against the appellant is that, the appellant[ along with the co-accused in the case], trespassed into the residential property of the de f
The court may grant anticipatory bail under the SC/ST Act if the allegations against the accused are not substantiated and prior complaints exist.
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.
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.
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, ....
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....
The court found that allegations under SC/ST (POA) Act were dubious as two accused belonged to the Scheduled Caste, allowing anticipatory bail.
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
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