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2025 Supreme(Online)(Ker) 57956

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.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 11.10.2025, due to an enmity towards the defaco complainant, the accused had trespassed into her house and fisted on the chest of the defacto complainant’s son, and when the defacto complainant and her husband intervened, the second accused pushed them down and also beat the defacto complainant, apart from calling their caste name, and even committed mischief by destroying the window and thereby committed the offences alleged.

4. The incident that has led to the registration of the present FIR has its genesis in the circumstances narrated in Crime No.116

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