IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MUHAMMED SINAN.K – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of assault and intimidation related to a dispute over borrowed money. (Para 1 , 2 , 3) |
| 2. arguments presented by both sides regarding the circumstances of the case. (Para 4 , 5) |
| 3. judicial reasoning regarding the application of the sc/st act. (Para 7 , 8 , 9) |
| 4. court's determination of the absence of a prima facie case under the sc/st act. (Para 10 , 11) |
| 5. granting of anticipatory bail with conditions. (Para 12 , 13) |
JUDGMENT
Appellants’ application for anticipatory bail was dismissed by the Special Court for SC/ST (POA) Act Cases, Manjeri, by its order dated
27.11.2025. This appeal is in challenge of the said order.
2. Appellants are accused 1 and 2 in Crime No.1164 of 2023 of Kondotty Police Station, Malappuram, registered alleging offences punishable under Sections 115 (2), 117(2) and 3(5) of the Bharatiya Nyaya Sanhita , 2023 (for short, ‘ BNS ’), apart from Section 3 (2)(va) and 3(1)(s) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST Act’).
3. According to the prosecution, when the defacto complainant, who is a member of a Scheduled Caste, demanded repayment of money borrowed by the first accused, in f
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