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.
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 under the SC/ST (PoA) Amendment Act can be granted if allegations do not prima facie support the charges.
Anticipatory bail is barred under Section 18 of the SC/ST (PoA) Act where the prosecution establishes a prima facie case of offences committed against members of scheduled castes and tribes involving....
Anticipatory bail is barred under Section 18 of the SC/ST (POA) Act where prima facie offenses are established.
Anticipatory bail can be granted when prima facie evidence is insufficient to substantiate charges under SC/ST POA Act.
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.
The court established that anticipatory bail cannot be granted in cases where prima facie offences under the SC/ST (POA) Act are made out.
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
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