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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Aboobacker N.K. S/o Alavi – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. jurisdiction and nature of the appeal (Para 1) |
| 2. arguments for and against bail (Para 2 , 3 , 6) |
| 3. allegations made against the accused (Para 4 , 5) |
| 4. court's analysis on bail application (Para 7 , 8 , 9) |
JUDGMENT :
A. BADHARUDEEN, J.
1. This criminal appeal has been filed 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 31.01.2026 in Crl.M.P. No.01/2026 on the files of the Special Court for SC/ST (POA) Act cases, Manjery, whereby the learned Special Judge dismissed the anticipatory bail plea at the instance of the appellant, who is the sole accused in Crime No.68/2026 of Malappuram Police Station.
2. Heard the learned counsel for the appellant and the learned Public Prosecutor, in detail. Perused the verdict under challenge and the case diary placed by the learned Public Prosecutor. Even though, notice has been served upon the 3rd respondent, he did not appear.
3. Parties in this appeal shall be referred as ‘accused’ and ‘defacto complainant’, hereafter.
4. The prosecution allegation is that, at about 08.00 hours on
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 can be granted when prima facie evidence is insufficient to substantiate charges under SC/ST POA Act.
Anticipatory bail is barred under the SC/ST (POA) Act where prima facie evidence shows commission of non-bailable offenses.
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 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.
Anticipatory bail is barred under Section 18 of the SC/ST (POA) Act where prima facie offenses are established.
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 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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