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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Sajith S/o. Babu Unnithan – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of charges and prosecution allegations under bns and sc/st act. (Para 1) |
| 2. evidentiary assessment of public view requirement and presumption of knowledge under section 8(c). (Para 9) |
JUDGMENT :
A. BADHARUDEEN, J.
This appeal is at the instance of the sole accused in Crime No.268/2026 of Sooranadu Police Station, Kollam, seeking the following prayer:
“To set aside Annexure A3 order and grant an order of pre-arrest bail in F.I.R.No.268/2026 of Sooranadu Police Station, directing the Investigating Officer therein to release the petitioner on bail, in the event of his arrest, in the interest of justice.”
2. Heard the learned counsel for the appellant/accused and the learned Public Prosecutor in detail and also heard the learned counsel appearing for the de facto complainant, who is the victim.
3. In this case, the prosecution alleges commission of offences punishable under Sections 126(2), 296(b), 115(2), 118(1) and 117(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’ hereinafter) and under Sections 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SC/ST (POA) Act’ hereinafter),
The court held that when a prima facie case is made out for offenses under the SC/ST (PoA) Amendment Act, the statutory bar under Section 18 precludes the granting of anticipatory bail, and knowledge....
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 is barred under Section 18 of the SC/ST (POA) Act where prima facie offenses are established.
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.
A statutory bar on anticipatory bail is triggered once a prima facie case under the special anti-atrocity legislation is established. A place constitutes 'within public view' if the act of humiliatio....
The court reaffirmed that when prima facie evidence under the SC/ST (POA) Act is established, bail is barred under Section 18.
The burden on the prosecution to establish that the accused does not belong to Scheduled Caste and Scheduled Tribe does not necessarily require the mention of the accused's caste in the FIR. The inte....
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