IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
KIRNAN ALIAS MUHASIN.P – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
Dated this the 22nd day of January, 2026 The 4th accused in Crime No.577/2025 of Kalikavu Police Station, Malappuram, filed this appeal challenging the order in Crl.M.P. No.3346 of 2025 dated 22.10.2026, on the files of the learned Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 (for short, ‘SC/ST (PoA) Act’), whereby the anticipatory bail application filed by the appellant was dismissed by the Special Court.
2. Heard the learned counsel for the appellant and the learned Public Prosecutor. Despite notice served upon the defacto complainant to ensure the mandatory hearing envisaged under the SC/ST (PoA) Act, the defacto complainant did not turn up.
3. In this matter, the prosecution alleges commission of offences punishable under Section s 126 (2), 351(2), 115(2), 118(1) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018, by the accused.
4. The Prosecution allegation is that on
12.09.2025 at 9.00 p.m., at Adakkakundu Angadi, the de facto complainant (belonging to ST-Kattunayakan community) al
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