IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
BABY KP – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused's actions are tied to caste-specific allegations. (Para 1 , 4 , 11) |
| 2. public view is critical for determining the applicability of sc/st act. (Para 2 , 3 , 8 , 13 , 14) |
| 3. argument that charges arise from civil disputes lacks substantiation. (Para 5 , 6 , 9 , 10 , 12) |
| 4. anticipatory bail is circumscribed when prima facie evidence supports the charges. (Para 7 , 15) |
| 5. the court affirms the dismissal of the anticipatory bail request. (Para 16) |
JUDGMENT :
A. BADHARUDEEN, J.
Sri. Baby K.P., who is the sole accused in Crime No.794/2025 of Binanipuram Police Station, Ernakulam, has filed this criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended in 2018 [hereinafter referred to as 'SC/ST POA Act, 2018' for short], challenging order dated 09.01.2026 in Crl.M.P. No.2402/2025 on the files of the Special Court for SC/ST (POA) Act cases, Ernakulam, whereby the learned Special Judge dismissed the anticipatory bail plea at the instance of the appellant.
2. Heard the learned counsel for the appellant, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in det
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