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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MUHAMMED SINAN.K – Appellant
Versus
STATE OF KERALA – Respondent
Headnote: Read headnote
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.1165 of 2023 of Kondotty Police Station, Malappuram, registered alleging offences punishable under Sections 115 (2), 324(2), 329(4), 351(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, on 11.10
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.
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
The court may grant anticipatory bail under the SC/ST Act if the allegations against the accused are not substantiated and prior complaints exist.
Anticipatory bail under the SC/ST (PoA) Amendment Act can be granted if allegations do not prima facie support the charges.
Anticipatory bail may be granted if there's no prima facie case established under the SC/ST Act, particularly regarding mens rea.
The court established that anticipatory bail cannot be granted if prima facie evidence of offences under the SC/ST (POA) Act exists against the appellants.
Anticipatory bail is maintainable when no substantive offence under SC/ST provisions exists.
A prima facie case must be established for anticipatory bail to be granted under the SC/ST (Prevention of Atrocities) Act, 1989.
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