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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
Rahul M.R. S/o Raveendran A.K. – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. hearing on anticipatory bail for two accused in same crime. (Para 1 , 2) |
| 2. arguments presented by both sides on charges including threats and consent. (Para 3 , 4 , 5 , 6) |
| 3. court discusses implications of relationship context on legal accusations. (Para 7 , 8 , 9) |
| 4. ruling emphasizes necessity of substantive proof for legal charges. (Para 10) |
| 5. final order granting anticipatory bail based on judicial findings. (Para 11) |
JUDGMENT :
1. These appeals have 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'). Crl.A. No.1685/2025 is filed by the 1st accused in Crime No.482/2025 of Maradu Police Station, Ernakulam District, and Crl.A. No.1690/2025 is filed by the 2nd accused in the same crime. Crime No.482/2025 of Maradu Police Station has been registered alleging commission of offences under Sections 376(2)(n) & 506 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and S.3(2)(v) of the SC/ST Act. By an order dated 27.08.2025 in Crl.M.P 1602/2025 on the file of the Special Judge for Trial of Offences under the SC/ST (POA) Act, 1989, Ernakulam, an applicat
Rape allegations cannot arise from a consensual relationship that later diminishes due to a breakup; prima facie evidence is required for legal action under the SC/ST Act.
The main legal point established in the judgment is the interpretation of section 3(2)(v) of the SCST Act and the application of section 18 and 18-A of the SCST Act in determining the maintainability....
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....
(1) Anticipatory bail application is maintainable in SC/ST Act offences in a given case.(2) In matter of grant of anticipatory bail there is no distinction whether a person apprehends arrest at hands....
Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applic....
The judgment establishes that the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 should not be applied if the complaint does not make out a prima fac....
The judgment established the need for a prima facie case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and emphasized caution in granting anticipatory bail und....
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