Kerala High Court
Manoj vs State Of Kerala on 5 August, 2025
2025:KER:58218
Crl. Appeal No.1437/2025 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
CRL.A NO. 1437 OF 2025
CRIME NO.995/2020 OF Mananthavady Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED 23.07.2025 IN CRMP NO.1138
OF 2025 OF SPECIAL COURT FOR SC/ST ATROCITIES ACT CASES, THRISSUR
APPELLANT/S:
MANOJ
AGED 42 YEARS
S/O. RAVINDRAN, ELAVUNGALL HOUSE, PUTHIYIDAMKUNNU,
KUNNAMANGALAM P.0., WAYANAD DISTRICT, PIN - 670645
BY ADV SMT.KAVERY S THAMPI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
GURUVAYOOR TEMPLE POLICE STATION,
THRISSUR DISTRICT, PIN - 680101
OTHER PRESENT:
SMT. SEENA C (PP)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Crl. Appeal No.1437/2025 -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 Atrocities Act'), challenging an order dated 23-07-2025 in
Crl. M.P. No.1138/2025 on the file of the Special Court for SC/ST Atrocities
Act Cases, Thrissur, through which an application filed by the appellant for
anticipatory bail in connection with Crime No.618/2020 of Guruvayoor Police
Station was rejected by that court.
2. The allegation leading to the registration of Crime No.618/2020 of
Guruvayoor Police Station is that in October 2019, the appellant had
threatened the victim and had compelled her to travel with him to
Guruvayoor and had sexual intercourse with her against her consent at a
lodge at Guruvayoor. The appellant is also accused in Crime No.1911/2020 of
Thampanoor Police Station, Thiruvananthapuram District, where the
allegation is that the appellant had on 30-06-2019 committed rape on the
same victim while they were staying at a lodge at Thiruvananthapuram. The
investigation in Crime No.1911/2020 of Thampanoor Police Station has been
completed, and the matter is now pending as S.C No.1488/2023 on the file of
the Special Judge, Special Court for SC/ST Atrocities Act Cases,
Nedumangad. The appellant is stated to be on bail in S.C. 1488/2023.
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3. The learned counsel for the appellant submits that a crime was
registered as Crime No.995/2020 at Mananthavady Police Station, Wayanad
District, on the allegation that the appellant had committed rape on the
victim, who is a native of Mananthavady, at Thiruvananthapuram in June
2019 and at Guruvayoor in October 2019. It is submitted that the appellant
was arrested in connection with the above crime, and after nearly 41 days in
custody, he was granted bail by the Special Judge, Special Court for SC/ST
(POA) Act Cases, Mananthavady, through an order dated 01-10-2020 in CMP
No.151/2020. It is submitted that since it was noticed that the offence was
committed at Thiruvananthapuram and Guruvayoor and not in
Mananthavady, Crime No.1911/2020 was registered at the Thampanoor
Police Station. It is submitted that since the allegation of rape within the
limits of the Guruvayoor Police Station was also a subject matter of the
proceedings before the Special Court at Thiruvananthapuram, the appellant
filed Crl. M.C No.4939/2021 before this court seeking to quash the
proceedings in Crime No.618/2020 of Guruvayoor Police Station, which was
also registered regarding the incident of rape within the limits of Guruvayoor
Police Station. It is submitted that the appellant enjoyed protective interim
orders. Crl. M.C No.4939/2021 was dismissed by order dated 09-06-2025,
essentially holding that the proceedings before the Special Judge, Special
Court for SC/ST Atrocities Act Cases, Nedumangad will be confined to the
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incident of rape at Thiruvananthapuram. It is submitted that apprehending
arrest in connection with Crime No.618/2020 of Guruvayoor Police Station,
the appellant filed Crl.M.P No.1138/2025 before the Special Judge, Thrissur,
and that application was rejected by the impugned order. It is submitted that
in Annexure-B order of the Special Judge, Mananthavady, granting regular
bail to the appellant after 41 days in custody, the gist of the prosecution case
leading to the registration of crime at Mananthavady is recorded as the
incidents of rape allegedly committed by the appellant in
Thiruvananthapuram in June 2019 and at Guruvayoor in October 2019. It is
submitted that merely for the reason that separate crimes had been registered
at Thiruvananthapuram and Guruvayoor, and the proceedings at
Mananthavady had been closed, should not be a reason to again take the
appellant into custody on the same set of allegations. It is submitted that in
such circumstances, the appellant may be granted bail in connection with
Crime No.618/2020 of Guruvayoor Police Station. It is submitted that the
appellant will co-operate with the investigation into Crime No.618/2020 of
Guruvayoor Police Station, and the custodial interrogation of the appellant is
not necessary in the facts and circumstances of the case noted above.
4. The learned Public Prosecutor vehemently opposes the grant of bail
to the appellant. It is submitted that since the challenge raised by the
appellant against the crime registered at Guruvayoor Police Station has
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already been rejected by this Court, the Investigating Officer at Guruvayoor
Police Station should have the liberty to get the custody of the appellant for
the purposes of investigation, especially considering the serious nature of the
offence alleged against the appellant. It is submitted that in the facts and
circumstances of the case, the bar against the grant of anticipatory bail under
the provisions of the Atrocities Act will apply, and the appellant is not entitled
to anticipatory bail. It is submitted that the potency test of the appellant has
to be carried out in respect of the Guruvayoor crime, and the vehicle in which
the victim was taken to Guruvayoor by the appellant has also to be recovered.
It is submitted that in such circumstances, this appeal is only to be rejected,
confirming the order of the Special Court at Thrissur. The learned Public
Prosecutor confirms that the notice of the appeal was served on the victim in
Crime No.618/2020 of Guruvayoor Police Station.
5. Having heard the learned counsel for the appellant and the learned
Public Prosecutor, I am of the opinion that the appellant is entitled to
anticipatory bail. A reading of the order of the Special Court at Mananthavady
will indicate that the crime, which was initially registered at Mananthavady
Police Station, related to the allegation that the appellant committed rape on
the victim at Thiruvananthapuram in June 2019 and thereafter at Guruvayoor
in October 2019. Since the offence was not committed within the jurisdiction
of the Mananthavady Police Station, two separate crimes were registered
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against the appellant, one at Thiruvananthapuram (Crime No.1911/2020 of
Thampanoor Police Station, Thiruvananthapuram) and the other at
Guruvayoor (Crime No.618/2020 of Guruvayoor Police Station). It is also
clear from a reading of the order of the Special Judge, Mananthavady, that the
appellant was granted bail after being in custody for 41 days. While the
learned Public Prosecutor may be right in contending that since the challenge
to the registration of the crime at Guruvayoor has already been rejected by
this court, the investigating officer in Crime No.618/2020 of Guruvayoor
Police Station should be given the liberty to properly investigate and file a
final report. In the peculiar facts and circumstances of this case, it would be
unjust if the appellant is again taken into custody after obtaining regular bail
from the Special Court in respect of the crime registered at Mananthavady. To
ensure that the investigation into the crime registered at Guruvayoor is not
affected in any manner, the appellant can be directed to appear before the
Investigating Officer in Crime No.618/2020 of Guruvayoor Police Station for
a specified number of days and thereafter whenever called upon to do so. It
can also be clarified that even while on anticipatory bail, the appellant will be
deemed to be in custody for purposes of recovery, etc., as held by the Supreme
Court in Sushila Aggarwal and others v. State (NCT of Delhi) and
another; (2020) 5 SCC 1. Since the appellant was already arrested in
connection with the crime registered at Mananthavady and was granted
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regular bail by the Special Court at Mananthavady after nearly 41 days in
custody, and the case registered at Guruvayoor Police Station was based on
the very same allegations, I am of the view that the bar under the provisions
of the Atrocities Act should not be applied to deny anticipatory bail to the
appellant.
Accordingly, this appeal is allowed. The impugned order in Crl.M.P
No.1138/2025 on the file of the Special Judge, Special Court for SC/ST (POA)
Act cases, Thrissur 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.618/2020 of Guruvayoor Police Station, subject to the following
conditions:-
(i) Appellant 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) Appellant shall appear before the Investigating officer in Crime
No.618/2020 of Guruvayoor Police Station between 10 a.m. and 5 p.m. from
11-08-2025 to 14-08-2025 and on 16-08-2025 and thereafter whenever called
upon to do so;
(iii) Appellant shall be deemed to be in custody for recovery,
interrogation, etc., as held by the Supreme Court in Sushila Aggarwal
(supra);
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(iv) Appellant shall not attempt to contact the victim or immediate
family members of the victim or interfere with the investigation or influence
or intimidate any witness in Crime No.618/2020 of Guruvayoor Police
Station;
(v) Appellant shall not be involved in any other crime while on bail;
(vi) Appellant shall co-operate with the investigation in Crime
No.618/2020 of Guruvayoor Police Station.
If any of the aforesaid conditions are violated or if the Investigating
officer feels that the appellant is not co-operating with the investigation in
Crime No.618/2020 of Guruvayoor Police Station, it is open to the
Investigating officer to seek cancellation of the anticipatory bail granted to the
appellant.
Sd/-
GOPINATH P.
JUDGE
AMG
2025:KER:58218
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE MEMORANDUM OF CRIMINAL
MISCELLANEOUS CASE IN CRL.M.C NO: 4939 OF 2021 OF
THIS HON'BLE COURT
Annexure B A TRUE COPY OF THE INTERIM ORDER DATED 22.10.2021
IN CRL.M.C NO: 4939 OF 2021 OF THIS HON'BLE COURT
Annexure C A TRUE COPY OF THE INTERIM ORDER DATED 17.07.2024
IN CRL.M.C NO: 4939 OF 2021 OF THIS HON'BLE COURT
Annexure D A TRUE COPY OF THE JUDGMENT DATED 9.06.2025 IN
CRL.M.C NO: 4939 OF 2021 OF THIS HON'BLE COURT
