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2026 Supreme(Online)(Ker) 542

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SHAHID HUSAIN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.E.A.HARIS, SHRI.M.A.AHAMMAD SAHEER, SRI.MUHAMMED YASIL, SMT.AAGI JOHNY
For the Respondents: ADV. NOUSHAD K.A., PUBLIC PROSECUTOR

JUDGMENT

This is an appeal against an order rejecting the appellants’

application for grant of anticipatory bail.

2. Appellants are the accused in Crime No.1292 of 2025 of Ponnani Police Station, Malappuram. Their application for grant of anticipatory bail filed before the Special Court for SC/ST (POA) Act, Manjeri was dismissed by the impugned order dated 05.12.2025. This appeal is in challenge of the said order.

3. The prosecution alleged that, during the period from

19.09.2025 till 24.09.2025, the victim was restrained, stripped and subjected to ragging by the accused in the college hostel of the MES College, Ponnani. Initially, the offences under Sections 3 and 4 of the Kerala Prohibition of Ragging Act, 1998 as well as Sections 126 (2) and 296(b) of the Bharatiya Nyaya Sanhita, 2023 , alone were incorporated all of which were bailable offences. Thereafter, during the course of investigation, the offence under Section 3 (2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , (for short, ‘SC/ST Act’) was also incorporated, which is a non-bailable offence. Hence appellants sought anticipatory bail, which was declined.

4. I have heard the learned c

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