Kerala High Court
Sreejith vs State Of Kerala on 23 July, 2025
2025:KER:54458
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
CRL.A NO. 1316 OF 2025
CRIME NO.155/2025 OF SASTHAMCOTTA POLICE STATION, KOLLAM
AGAINST THE ORDER DATED 30-06-2025 IN Crl.MP NO.155 OF 2025
OF SPECIAL COURT- OFFENCES UNDER SC/ST (POA) ACT, 1989,
KOTTARAKKARA
APPELLANTS/ACCUSED NOS. 1 TO 4:
1 SREEJITH
AGED 31 YEARS, S/O UTHAMAN,
CHARUVILA PUTHEN VEEDU, THOOMPINPURAM,
THURUTHIKKARA P.O., PIN - 690 540.
2 ARUNKUMAR
AGED 38 YEARS, S/O RAVINDRAN NAIR,
PADINJATTATHIL, KUNNATHOOR NADUVIL, NEDIYAVILA.,
PIN - 690 540.
3 MANOJ A
AGED 46 YEARS, S/O ANANDAN,
ROHINI, EZHAMILE, PERUVAZHY, PIN - 690 520.
4 SUDHEESH
AGED 40 YEARS, S/O SUDHAKARAN,
PADINJARE NIRANATH, VADAKKEPURA, KUNNATHOOR
NEDIYAVILA, PIN - 690 540.
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
SMT.ATHIRA K.S.
SHRI.ATUL ANAND
2025:KER:54458
CRL.A 1316/2025 2
RESPONDENTS/COMPLAINANT/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 LISHA S.
AGED 46 YEARS, W/ O ARUN,
SADHANANDHAN'S HOUSE, THURUTHIKKARA, KUNNATHOOR,
KOLLAM,, PIN - 690 540.
BY ADV. RENJITH GEORGE (PP)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
23.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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CRL.A 1316/2025 3
JUDGMENT
This is an appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (SC/ST Act), challenging the order dated 30-06-2025 in Crl.M.P No.155/2025 on the file of the Special Judge, Special Court for Scheduled Caste/Scheduled Tribe (POA) Act Cases, Kottarakkara, through which an application for anticipatory bail filed by the appellants was dismissed by that Court. The appellants are accused in Crime No.1055/2025 of Sasthamcotta Police Station, Kollam district, registered for the offences under Sections 329(3), 332(c), 296(b), 351 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(s), 3(2)(va) of the SC/ST Act.
2. The allegation against the appellants is that they trespassed into the rented house of the de facto complainant two times on 09-06-2025 and intimidated the de facto complainant by using obscene language and also referring to the de facto complainant by her caste name.
2025:KER:54458 CRL.A 1316/2025 4
3. The learned counsel appearing for the appellants would submit that all the offences alleged against the appellants except the offence alleged under the provisions of the SC/ST Act are bailable offences. It is submitted that false allegations have been raised against the appellants on account of some previous enmity. It is submitted that there was a dispute between the appellants and the husband of the de facto complainant, and in order to settle scores, a false complaint has been registered against the appellants. It is submitted that, prima facie, the offence under the SC/ST Act has not been committed by the appellants, as the incident occurred in the house of the de facto complainant and not in a public place.
4. The learned Public Prosecutor opposes the grant of bail. It is submitted that the appellants have criminal antecedents and the investigation is only progressing. It is submitted that if the appellants are granted bail at this stage, the same may not be conducive to the investigation.
2025:KER:54458 CRL.A 1316/2025 5 It is submitted that the notice of this bail application has been served on the de facto complainant.
5. Having heard the learned counsel appearing for the appellants and the learned Public Prosecutor and having regard to the facts and circumstances of the case, I am of the view that the appellants can be granted anticipatory bail subject to conditions. The antecedents reported against the appellants are not of the nature that would compel this Court to deny anticipatory bail on the ground that the appellants have criminal antecedents. Apart from the offence under the SC/ST Act, all other offences alleged against the appellants are bailable offences. Prima facie, I find merit in the contention of the learned counsel for the appellants that the offence under the SC/ST Act may not be attracted, as admittedly, the allegation that the de facto complainant was abused by calling her caste name pertains to an incident that happened in the house of the de facto complainant and not in a public place. Therefore, notwithstanding the bar 2025:KER:54458 CRL.A 1316/2025 6 contained in the provisions of the SC/ST Act, I am of the view that the appellants can be granted anticipatory bail.
6. Accordingly this appeal is allowed, and the impugned order dated 30-06-2025 in Crl.M.P No.155/2025 on the file of the Special Judge, Special Court for Scheduled Caste/Scheduled Tribe (POA) Act Cases, Kottarakkara, will stand set aside. It is directed that the appellants shall be released on anticipatory bail in the event of arrest in Crime No.1055/2025 of Sasthamcotta Police Station, Kollam district, subject to the following conditions:
i. Appellants shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer;
ii. Appellants shall appear before the investigating officer in Crime No.1055/2025 of Sasthamcotta Police Station, Kollam district, at 2025:KER:54458 CRL.A 1316/2025 7 11.00 A.M on 30-07-2025, and thereafter whenever called upon to do so;
iii. Appellants shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1055/2025 of Sasthamcotta Police Station, Kollam district; iv. Appellants shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1055/2025 of Sasthamcotta Police Station, Kollam district, may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P. JUDGE ats 2025:KER:54458 CRL.A 1316/2025 8 APPENDIX OF CRL.A 1316/2025 APPELLANTS' ANNEXURES Annexure A1 THE COPY OF THE F.I.R.NO.1055/2025 OF SASTHAMKOTTA POLICE STATION Annexure A2 THE TRUE COPY OF THE ORDER DATED 30.06.2025 IN CRL M.P. NO. 155/2025 OF SPECIAL COURT FOR SCHEDULED CASTE/SCHEDULED TRIBE (POA) ACT CASES, KOTTARAKKARA