Kerala High Court
Mohanan Pillai vs State Of Kerala on 1 August, 2025
2025:KER:57274
CRL.A NO. 1274 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
CRL.A NO. 1274 OF 2025
CRIME NO.1117/2025 OF Thiruvalla Police Station, Pathanamthitta
AGAINST THE ORDER DATED 02.06.2025 IN CRL.MP NO.3742 OF 2025
OF SESSIONS COURT, PATHANAMTHITTA
APPELLANT/PETITIONER/SOLE ACCUSED:
MOHANAN PILLAI, AGED 71 YEARS
S/O VELAYUDHAN PILLAI, MOHANALAYAM, KAVIYOOR,
THIRUVALLA, PIN - 689582
BY ADV SMT.VIDYA G NAIR
RESPONDENT/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 AJITHAMMA, PEZHUMKALAYIL VEETTIL, KAVIYOOR ,
KAVIYOOR P.O, PATHNAMTHITTA, PIN - 689582
SMT. SHEEBA THOMAS (PP)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:57274
CRL.A NO. 1274 OF 2025 2
JUDGMENT
This appeal has been filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act'), challenging the order dated 02.06.2025 in Criminal Miscellaneous Petition No.3742 of 2025 on the file of the Sessions Court, Pathanamthitta, dismissing an application for anticipatory bail filed by the appellants/accused in Crime No.1117 of 2025 of Thiruvalla Police Station, which was registered alleging commission of offences under Sections 296(b), 115(2), of the BNS and under Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.
2. Allegation against the appellant is that, on 29.04.2025, at about 01.30 pm, while the de facto complainant was standing in the front yard of her residential house, the appellant abused her by hurling obscene words and had caused hurt to her by repeatedly beating her.
3. Learned counsel appearing for the appellant submits that the allegations against the appellant are absolutely untenable and there is no truth in the allegations. It is 2025:KER:57274 CRL.A NO. 1274 OF 2025 3 submitted that, though the alleged incident took place on 29.04.2025, the complaint, leading to registration of Crime No.1117 of 2025 of Thiruvalla Police Station, was given only on 08.05.2025. It is submitted that, even assuming that the allegations are correct, there is no reason to incorporate any offence under the provisions of the SC/ST Act. It is submitted that, since the offence under the SC/ST Act is not attracted, the bar under Section 18 of the SC/ST Act will not apply. It is submitted that, the appellant is a senior citizen [aged 71 years] and considering the nature of the allegations, custodial interrogation of the appellant is not necessary. It is submitted that, the appellant will co-operate with the investigation and therefore, the appellant may be granted anticipatory bail subject to conditions.
4. Learned Public Prosecutor opposes the grant of anticipatory bail to the appellant. It is submitted that, going by the allegations of the de facto complainant, the appellant had hurled obscene words and made sexually coloured remarks against her and when the de facto complainant proceeded to intimate the wife of the appellant about the incident, the appellant had beaten her using his hands and thus caused hurt 2025:KER:57274 CRL.A NO. 1274 OF 2025 4 to her. It is pointed out that the de facto complainant was treated on the same day (29.04.2025) and the injuries noted by the doctor are conjectural congestion of right eye and tenderness of right side of face and neck. It is submitted that, the injuries are consistent with the allegations raised against the appellant.
5. Having heard the learned counsel appearing for the appellant and the learned Public Prosecutor, I am of the view that the appellant can be granted anticipatory bail subject to conditions. The allegation against the appellant is that he had assaulted the de facto complainant using his hands and had hurled obscene words against her. There is also an allegation that the appellant had made certain sexually coloured remarks. Even assuming that the allegations are true, the fact remains that the alleged incident took place in the front yard of the house of the de facto complainant. Whether or not the said place constitutes a 'public place' or a 'place within public view' is a matter to be ascertained at the trial of the case. Prima facie, I am of the view that since the incident took place in the front yard of the house of the de facto complainant, the provisions of the SC/ST Act may not be attracted. Therefore, 2025:KER:57274 CRL.A NO. 1274 OF 2025 5 the bar under Section 18 of the SC/ST Act does not prevent the grant of anticipatory bail to the appellant.
6. Coming to the offence alleged against the appellant under the provisions of the BNS, it is seen that the allegation is that the appellant attacked the de facto complainant using his hands and certain injuries were allegedly caused to the de facto complainant on account of the attack by the appellant. However, no criminal antecedents are reported against the appellant. Moreover, the appellant is a senior citizen aged 71. The allegations raised against the appellant do not compel me to hold that custodial interrogation of the appellant is necessary.
Therefore, this appeal is allowed. The impugned order dated 02.06.2025 in Criminal Miscellaneous Petition No.3742 of 2025 on the file of the Sessions Court, Pathanamthitta will stand set aside. It is directed that the appellant shall be released on bail in the event of arrest in connection with Crime No.1117 of 2025 of Thiruvalla Police Station subject to the following conditions:-
(i) The appellant shall execute bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent 2025:KER:57274 CRL.A NO. 1274 OF 2025 6 sureties for the like-sum to the satisfaction of the investigating officer;
(ii) The appellant shall appear before the investigating officer in Crime No.1117 of 2025 of Thiruvalla Police Station at 11.00 A.M on 08.08.2025 and thereafter, as and when called upon to do so;
(iii) The appellant shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate the de facto complainant or any other family members of the de facto complainant or any witness in Crime No.1117 of 2025 of Thiruvalla police station;
(iv) The appellant shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1117 of 2025 of Thiruvalla Police Station may file an application before the jurisdictional court for cancellation of bail.
I make it clear that the observations in this order are only for the purposes of considering the entitlement of the appellant for anticipatory bail and shall not be treated as a 2025:KER:57274 CRL.A NO. 1274 OF 2025 7 finding by this Court on the merits of the matter.
Sd/-
GOPINATH P. , JUDGE ajt 2025:KER:57274 CRL.A NO. 1274 OF 2025 8 APPENDIX OF CRL.A 1274/2025 PETITIONER ANNEXURES Annexure A1 FAIR COPY OF THE ORDER IN CRL MP NO 3742 /2025 PRONOUNCED BY THE HON'BLE SESSIONS COURT (SPECIAL COURT FOR SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT 1989 AMENDMENT 2015 PATHANAMTHITTA Annexure A2 TRUE COPY OF THE FIR IN CRIME NO 371/2024 REGISTERD BY THE TRIRUVALLA POLICE STATION