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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Badharudeen, J
Shahul Hameed – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. factual background and allegations leading to a request for anticipatory bail. (Para 1 , 3 , 5) |
| 2. arguments favoring the accused regarding self-defense and innocence. (Para 6) |
| 3. judicial assessment of evidence and applicability of statutory bars for bail refusal. (Para 7 , 8) |
JUDGMENT
This appeal is at the instance of the sole accused in Crime No.168 of 2026 on the files of Nedumangad Police Station, challenging the order dated 24.03.2026 in Crl.M.C.No. 11 of 2026 on the files of the Special Court for Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (For short, the SC/ST (PoA) Act), whereby anticipatory bail application filed by the appellant was dismissed by the Special Court.
2. Heard the learned counsel for the appellant/ 1st accused as well as the learned Public Prosecutor.
3. The de facto complainant did not appear before this Court despite receipt of notice through the SHO concerned. The prosecution case is that the appellant has committed offences punishable under Sections 189(2), 191(2), 191(3), 190, 296(B), 115(2), 118(1), 118(2), 324(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, as well as offences under Sections 3(1)(r)
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