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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Aboobacker N.K. S/o Alavi – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. jurisdiction and nature of the appeal (Para 1) |
| 2. arguments for and against bail (Para 2 , 3 , 6) |
| 3. allegations made against the accused (Para 4 , 5) |
| 4. court's analysis on bail application (Para 7 , 8 , 9) |
JUDGMENT :
1. This criminal appeal has been filed 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 31.01.2026 in Crl.M.P. No.01/2026 on the files of the Special Court for SC/ST (POA) Act cases, Manjery, whereby the learned Special Judge dismissed the anticipatory bail plea at the instance of the appellant, who is the sole accused in Crime No.68/2026 of Malappuram Police Station.
3. Parties in this appeal shall be referred as ‘accused’ and ‘defacto complainant’, hereafter.
5. While pressing for interference in the order impugned, the learned counsel appearing for the accused would submit that, the accused is innocent and the entire case has been foisted against him to wreak vengeance, since he had filed suit as O.S. No.235/2024 before the Munsiff Court, Manjery, seeking prohibitory injunction restraining trespass u
Anticipatory bail cannot be granted under the SC/ST (POA) Act if prima facie evidence exists, but prior disputes must be considered to prevent false implications.
Anticipatory bail is barred under the SC/ST (POA) Act where prima facie evidence shows commission of non-bailable offenses.
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 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.
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 when allegations do not prima facie indicate offences under the SC/ST Act.
The SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
The court may grant anticipatory bail under the SC/ST Act if the allegations against the accused are not substantiated and prior complaints exist.
Point of law: Section 8(c) provides that the accused was having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of t....
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.
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