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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
State of Kerala, Represented By The Public Prosecutor – Appellant
Versus
Anu – Respondent
| Table of Content |
|---|
| 1. jurisdiction and legal representation acknowledged. (Para 1 , 2) |
| 2. bail considerations and victims' rights are critical. (Para 3 , 4 , 10 , 14) |
| 3. mandatory hearing for victims under sc/st act. (Para 5 , 6 , 8 , 12 , 15) |
| 4. mob lynching and its profound implications on investigation. (Para 7 , 13 , 17) |
| 5. bail cancellation and conditions for re-application. (Para 16 , 18 , 19 , 20) |
JUDGMENT :
A. Badharudeen, J.
Common order in Crl.M.P.Nos.4/2026 (filed by accused Nos.1 and 4), 10/2026 (filed by accused No.9), 11/2026 (filed by accused No.8), 13/2026 (filed by accused No.7) and 15/2026 (filed by accused Nos.2, 3 and 5), dated 31.01.2026, is under challenge in this appeal filed under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 (hereinafter referred to as ‘SC/ST (POA) Act, 2018’ for short), at the instance of the prosecution. The above accused persons are arrayed as respondent Nos.1 to 8 in this appeal. The respondent No.9 is the brother of the deceased (victim) who has been impleaded in this appeal in view of the mandate of Section 15A(3) of the SC/ST (POA) Act, 2018.
2. Heard the learned Public Prosecutor
Bail under SC/ST (POA) Act mandates notice to the victim's dependents, ensuring their participation in bail proceedings is essential for justice.
Section 18 bar on anticipatory bail under SC/ST Act applies only where prima facie offence of caste-based humiliation in public view established; absent specific allegations against family members, b....
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
Point of Law : When there is an apprehension in the mind of a party approaching the court that fairness of hearing be undermined, this court is empowered to transfer the proceeding.
The court established that compliance with victim notification rights under the SC/ST (POA) Act is mandatory, and failure to do so invalidates bail orders.
Point of law : Even if the bare reading of the FIR/ complaint indicates that prima facie provisions of the Act are not found to be attracted, then harmonious construction of Section 438 of the Code o....
The court affirmed that references to repealed penal provisions must be interpreted as references to their re-enacted counterparts, ensuring the applicability of the SC/ST Act.
(1) Grant of bail – Cancellation of bail on the ground of violation of Section 15A(5) of SC/ST Act, 1989 is justified only in cases where no notice of bail proceedings was served upon victim, victim ....
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