Kerala High Court
Suresh P.T vs State Of Kerala on 23 July, 2025
2025:KER:54598
Crl. Appeal No.1320/2025 -1-
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. 1320 OF 2025
CRIME NO.694/2025 OF Koothattukulam Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 05.07.2025 IN CRMP NO.1278
OF 2025 OF SPECIAL COURT- OFFENCES UNDER SC/ST (POA) ACT,1989,
ERNAKULAM
APPELLANT/S:
1 SURESH P.T
AGED 65 YEARS
PARAYIDUKKIL HOUSE, KIZHAKOMBU P.O, KOOTHATTUKULAM,
ERNAKULAM DISTRICT, PIN - 686662
2 SUJITH SURESH
AGED 37 YEARS
S/O. SURESH, PARAYIDUKKIL HOUSE, KIZHAKOMBU P.O,
KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN - 686662
BY ADVS.
SHRI.JOHN VARGHESE
SRI.SABU JOHN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE SUPERINTENDENT OF POLICE (RURAL)
POWER HOUSE JUNCTION, SUB JAIL ROAD, PERIYAR NAGAR,
ALUVA, ERNAKULAM DISTRICT, PIN - 683101
3 THE DEPUTY SUPERINTENDENT OF POLICE
PUTHANCRUZ P.O, ERNAKULAM DISTRICT, PIN - 682308.
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4 THE STATION HOUSE OFFICER
KOOTHATTUKULAM POLICE STATION, KOOTHATTUKULAM P.O,
ERNAKULAM DISTRICT, PIN - 686662
5 REGI K.R.
S/O. RAJAN, KOCHUPARAMBIL HOUSE, MYTHRI JUNCTION
BHAGAM, MARIKA KARA, PALAKKUZHA, ERNAKULAM DISTRICT,
PIN - 686662
SRI. RENJITH GEORGE, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
15.07.2025, THE COURT ON 23.07.2025 DELIVERED THE FOLLOWING:
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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 Atrocities Act') challenging order dated 05-07-2025 in Crl. M.P. No.1278/2025 on the file of the Special Judge for trial of offences under the SC/ST (POA) Act, Ernakulam through which an application filed by the appellants for anticipatory bail in Crime No.694/2025 of Koothattukulam Police Station was rejected by that court.
2. The allegations leading to registration of Crime No.694/2025 of Koothattukulam Police Station are that when the de facto complainant approached the 2nd appellant demanding for payment of certain money in connection with construction of the house of the 2 nd appellant, he abused the de facto complainant, humiliating him by calling his caste name and uttered obscene words and assaulted him.
3. It is alleged that the 1st appellant (father of the 2 nd appellant/1st accused) also assaulted the de facto complainant and thereby the appellants have committed the offences punishable under Sections 126 (2), 115 (2), 296
(b), 3 (5) of the Bharatiya Nyaya Sanhita and Section 3 (2) (va) & 3 (1) (s) of the Atrocities Act, 1989.
4. The learned counsel for the appellants would submit that the appellants are absolutely innocent in the matter. It is submitted that the de 2025:KER:54598 Crl. Appeal No.1320/2025 -4- facto complainant is a building contractor with whom the 2 nd appellant had entered into an agreement for construction of his house. It is submitted that though the work was to be completed within 8 months in terms of the written agreement, the work was not completed within the said period. It is submitted that on various dates a total sum of Rs.36,61,668/- had been paid by the appellants to the de facto complainant and on 16-07-2020 a further amount of Rs.2,61,668/- was paid. It is submitted that since the de facto complainant had received more money what he was entitled and since the work was not completed the appellants were forced to complete the work through another contractor and now the de facto complainant is demanding more money for the work done by him. The learned counsel further pointed out that several complaints were made earlier and each time it was either closed or referred to the 4th respondent and ultimately treated as a matter of civil nature. He further emphasised one particular incident to substantiate the claim that the offence alleged in Crime No. 694/2025 is false and fabricated. On 11-06-2025, the de facto complainant assaulted the 2nd appellant and his wife while they were returning home after dropping their child at the bus stop, in the private road leading to their house and thereafter, the de facto complainant tore his shirt and created a scene, which was videographed. The 2 nd appellant and his wife were admitted to the Community Health Centre, Koothattukulam and they were discharged on the following day (12-06-2025). On 11-06-2025 2025:KER:54598 Crl. Appeal No.1320/2025 -5- itself, the 2nd appellant filed a complaint against the de facto complainant, which was registered as Crime No. 691/2025 of Koothattukulam Police Station for offences punishable under Sections 296(b), 115(2), and 324(4) of the Bharatiya Nyaya Sanhita, 2023. It was only subsequent to the registration of the said crime that the de facto complainant gave statement to the police, leading to the registration of Crime No. 694/2025 of Koothattukulam Police Station. It is submitted that a pure civil dispute has been converted to a criminal case by the de facto complainant to gain unfair advantage. It is submitted that the appellants have not committed any offence as alleged in the complaint filed by the de facto complainant.
5. The learned Public Prosecutor opposes the grant of bail. He submits that the provisions of the Atrocities Act specially prohibits grant of anticipatory bail except in a case where this court were to prima facie come to the conclusion that an offence under the Atrocities Act had not been committed. It is submitted that in the facts of the present case, it is the complaint of the de facto complaint that the appellants had abused him by calling is caste name and had also assaulted him in a public place. It is submitted that investigation in the matter is progressing and grant of anticipatory bail to the appellants at this stage may not be conducive to the investigation. The learned Public Prosecutor confirms that the notice of this appeal has been served on the de facto complainant.
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6. Having heard the learned counsel for the appellants and the learned Public Prosecutor, I am of the view that the appellants can be granted anticipatory bail notwithstanding the bar contained in the provisions of the Atrocities Act. The admitted facts show that the 2 nd appellant had entered into an agreement with the de facto complainant for construction of his house. The said agreement was placed on record before the Special Court. According to the appellants the de facto complainant had failed to complete the work in terms of the agreement forcing them to complete the work through another contractor. This shows that there are civil disputes between the appellants and the de facto complainant. Therefore the contention of the learned counsel for the appellants that a false case has been registered only to get unfair advantage in the civil dispute cannot be completely ruled out. Moreover, the fact that the de facto complainant assaulted the 2nd appellant and his wife, which led to the registration of Crime No. 691/2025 of Koothattukulam Police Station, and that this incident occurred prior to the crime in which the appellants are seeking anticipatory bail, also compels me to allow this appeal. Therefore notwithstanding the bar contained in the Atrocities Act, I am of the view that the appellants can be granted anticipatory bail. No criminal antecedents are reported against the appellants.
Accordingly, this appeal is allowed. The impugned order is set aside and it is directed that the appellants shall be released on bail, in the event of arrest 2025:KER:54598 Crl. Appeal No.1320/2025 -7- in connection with Crime No.694/2025 of Koothattukulam Police Station, Ernakulam subject to the following conditions:-
(i) Appellants shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;
(ii) Appellants shall report before the Investigating officer in Crime No.694/2025 of Koothattukulam Police Station, Ernakulam at 11 a.m on 30-08-2025 and thereafter as and when 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.694/2025 of Koothattukulam Police Station, Ernakulam;
(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.694/2025 of Koothattukulam Police Station, Ernakulam may file an application before the jurisdictional Court for cancellation of bail. I have not made any observation on the merits of the matter and any observation in this order is only for the purpose of considering this bail application.
Sd/-
GOPINATH P. JUDGE AMG