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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Athul P. S/o Pushkaran Achari – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
1. Sri.Athul P. and Sri.Ajeesh T, who were initially got arrayed as accused Nos.6 and 8 in crime No.1111/2025 of Enath Police Station, Pathanamthitta, have filed this criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended in 2018 (hereinafter referred to as 'SC/ST POA Act, 2018' for short), challenging order dated 26.11.2025 in Crl.M.P.No.9150/2025 on the files of the Special Court for SC/ST (POA) Act cases, Pathanamthitta, whereby the learned Special Judge dismissed the anticipatory bail plea at the instance of the appellants.
2. Heard the learned counsel appearing for the appellants and the learned Public Prosecutor for the 1st respondent. Alhough notice was served upon the defacto complainant, as mandated under Section 15A(3) of the SC/ST (POA) Act, 2018, he did not turn up.
3. Here, the prosecution alleges commission of offences punishable under Sections 296(b), 115(2), 118(1), 351(2), 110, 324(4), 189(2), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, as well as under Sections 3(1)(s) and 3(2)(va) of the SC/ST (POA) Act, 2018 by the accused. The prosecution allegatio
Anticipatory bail is barred under the SC/ST (POA) Act where prima facie evidence shows commission of non-bailable offenses.
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.
Anticipatory bail under the SC/ST (PoA) Amendment Act can be granted if allegations do not prima facie support the charges.
The court established that anticipatory bail cannot be granted if prima facie evidence of offences under the SC/ST (POA) Act exists against the appellants.
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 main legal point established is that in cases involving allegations under the SC and ST (POA) Act, the court must carefully consider the evidence and circumstances, including the presence of civi....
The main legal point established in the judgment is the need for the court to consider relevant allegations and apply stringent conditions when granting anticipatory bail, especially in cases involvi....
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