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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
BABY KP – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – Respondent
| Table of Content |
|---|
| 1. allegations against accused regarding public abuse. (Para 1 , 4) |
| 2. court assessments on evidence and public view legalities. (Para 2 , 12 , 14) |
| 3. contentions related to grounds for anticipatory bail. (Para 5 , 9) |
| 4. decision on the sustainability of anticipatory bail application. (Para 8 , 15) |
| 5. final ruling on the appeal dismissing the request. (Para 16) |
JUDGMENT :
A. BADHARUDEEN, J.
Sri.Baby K.P., who is the sole accused in Crime No.794/2025 of Binanipuram Police Station, Ernakulam, has 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 09.01.2026 in Crl.M.P. No.2402/2025 on the files of the Special Court for SC/ST (POA) Act cases, Ernakulam, whereby the learned Special Judge dismissed the anticipatory bail plea at the instance of the appellant.
2. Heard the learned counsel for the appellant, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the verdict under challenge, the case diary placed by the learned Public Prosecutor and
The validity of charges under the SC/ST (POA) Act hinges on actions occurring in public view, with verbal abuse being actionable if witnessed by third parties.
Anticipatory bail under SC/ST (POA) Act denied when evidence supports allegations of caste-based abuse.
Anticipatory bail under SC/ST (POA) Act denied when evidence supports allegations of caste-based abuse.
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 affirms the seriousness of caste-based charges under the SC/ST (POA) Act, endorsing bail for some accused while denying it to the second due to severe allegations.
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 is barred under the SC/ST (POA) Act where prima facie evidence shows commission of non-bailable offenses.
The status of a location as a private dwelling does not preclude it from being considered a place within public view if the public is present or able to witness or hear the abusive acts at the time o....
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