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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Xxxxxxxxxx – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. nature of the complaint and allegations (Para 1 , 3 , 4) |
| 2. arguments regarding consensual relationship (Para 5 , 6 , 7) |
| 3. conclusion on appeal and directions (Para 9) |
JUDGMENT :
A. Badharudeen, J.
This appeal has been filed at the instance of the sole accused in Crime No. 81 of 2026, Nagaroor Police Station, challenging the order dated 02.03.2026 in Crl.M.C.No.7/2026, whereby the anticipatory bail application filed by the appellant/accused was dismissed by the learned Special Judge under theScheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , (hereinafter referred to as 'SC/ST (PoA) Act', for short), Nedumangad.
2. Heard the learned counsel for the appellant/accused, the learned Senior Public Prosecutor as well as the defacto complainant appeared in person and the learned counsel appearing for her and perused the order impugned.
3. In this case, the prosecution alleges commission of offences under Section 69 of Bharatiya Nyaya Sanhita as well as Section 3 (2)(va) of the SC/ST (PoA) Act, by the appellant/accused.
4. The prosecution case is that the defacto complainant (a member of the Scheduled Caste community), and the appellant (who does not be
Allegations of sexual intercourse based on a promise of marriage may constitute an offence under the SC/ST (PoA) Act, despite consent, necessitating denial of anticipatory bail.
The court affirmed that prima facie allegations warrant custodial investigation under the SC/ST (POA) Act, denying bail based on the necessity of meaningful investigation.
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.
Rape allegations cannot arise from a consensual relationship that later diminishes due to a breakup; prima facie evidence is required for legal action under the SC/ST Act.
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.
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