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2025 Supreme(Online)(Ker) 57955

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MUHAMMED SINAN.K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.C.MUHAMMED NOUSHIQ
For the Respondents: SRI.R.RAJESH KORMATH

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 furtherance of their common intention, both the accused pushed the victim down from a scooter and assaulted him, resulting in a fracture to the right hand, and also abused him using his caste name, and thereby committed the offences alleged.

4. I have heard the learned counsel for the appellants, the learned counsel for the defacto complainant as well as the learned Public Prosecutor.

5. The learned Public Prosecutor, upon instructions, submitted th

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