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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 :
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 facto complainant , at about 07.30 pm on 29.04.2025, and hurled abusive words by referring to the de facto complainant and the other victim by their caste name. It is alleged that the appellant along with the other accused also assaulted the de facto complainant as also one of his relatives, named Nirmala.
4. Learned Public Prosecutor and the learned counsel appearing for the 3rd respondent oppose the grant of anticipatory bail. It is pointed out that there is a bar to the grant of anticipatory bail in cases alleging commission of offene under the SC/ST Act. It is submitted that, since the appellant has failed to make out any case to substantiate that the case against him is not sustainable, the application for anticipatory bail is liable to be dismissed. It is submitted that,
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....
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
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.
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.
The SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
Order granting or rejecting anticipatory bail under provisions of SC/ST Act shall be amenable to appellate jurisdiction of High Court under Section 14A of Act and not Section 438 Cr.P.C.
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