Dhanesh Vijayan @ Kannan vs State Of Kerala
2025 Latest Caselaw 8163 Ker

Kerala High Court

Dhanesh Vijayan @ Kannan vs State Of Kerala on 27 August, 2025

                                                     2025:KER:65648

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
 WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
                     CRL.A NO. 1511 OF 2025
    CRIME NO.1350/2025 OF PALA POLICE STATION, KOTTAYAM
AGAINST THE ORDER DATED 01.08.2025 IN CRMC NO.1045 OF 2025
 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
                       AUTHORITY, KOTTAYAM

APPELLANT/PETITIONER/ACCUSED:

         DHANESH VIJAYAN @ KANNAN
         AGED 35 YEARS, S/O VIJAYAN,
         PAREKKUNNEL (H), KAROOR P.O., KOTTAYAM,
         PIN - 680 684.

         BY ADV SHRI.AKHIL VIJAY


RESPONDENTS/RESPONDENT/STATE AND DE FACTO COMPLAINANT:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

    2    STATION HOUSE OFFICER,
         PALA POLICE STATION, PALA P.O., KOTTAYAM,
         PIN - 686 575.

    3    BINDU VELU
         AGED 42 YEARS, D/O VELU
         HAVING PERMANENT RESIDENCE AT KANIKUNNEL (H),
         MUTHOLY P.O., NEYYOOR KARA, PALA, KOTTAYAM,
         PIN - 686 573.

         BY ADV RENJIT GEORGE (SR.PP)


     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
27.08.2025,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                 2025:KER:65648
CRL.A 1511/2025                 2



                       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 01-08-2025 in Crl.M.C No.1045/2025 on the file of

the District and Sessions Court, Kottayam, through which

an application for anticipatory bail filed by the appellant

was dismissed by that Court.

2. The appellant is the accused in Crime

No.1350/2025 of Pala Police Station, Kottayam district,

registered for the offences under Sections 296(b), 115(2),

74 and 75(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS),

and Section 3(2)(va) of the SC/ST Act.

3. The allegation leading to the registration of the

crime is that on 02-07-2025 at about 8.30 P.M, while the

de facto complainant had arrived at the auto stand in front

of Urban Bank, near the old Pala Bus Stand, she had 2025:KER:65648

questioned the accused about spreading rumours about

her. Then the appellant/accused had verbally abused her

and assaulted her by slapping her on her right cheek and

shoulder and hitting her on her back and pushing her down

into a puddle of muddy water. It is alleged that the

appellant/accused again hit the de facto complainant when

she tried to get up, and thereby the appellant/accused had

committed the offences alleged against him.

4. The learned counsel appearing for the

appellant/accused submits that the appellant/accused is

absolutely innocent of all the allegations leveled against

him. It is submitted that the de facto complainant was

living in a house rented out from a senior citizen, who

happened to be a relative of the appellant/accused. It is

submitted that there were several issues in which the

de facto complainant was involved, as set out in paragraph

No.4 of the appeal, and the appellant/accused had only

intervened to request the de facto complainant to vacate 2025:KER:65648

the house as requested by his elderly relative. It is

submitted that even at the time when the

appellant/accused had intervened by requesting the

de facto complainant to vacate the house, the de facto

complainant had rebuked him and had threatened him,

stating that he will be made an accused in a criminal case.

It is submitted that on 02-07-2025, when the

appellant/accused was standing near the old Pala Bus

Station, the de facto complainant, who was in an inebriated

condition, had approached the appellant/accused and

started abusing him, and when the appellant/accused had

objected, she removed one of her slippers and attempted to

slap the appellant/accused with it. It is submitted that

because the de facto complainant was in an inebriated

state, she had fallen down in a muddy puddle, and

thereafter a false case has been registered against the

appellant/accused stating that the appellant/accused had

attacked the de facto complainant.

2025:KER:65648

5. The learned Public Prosecutor opposes the grant of

bail. It is submitted that the investigation into the matter

is only progressing. It is also pointed out that on the last

posting date, the de facto complainant had appeared in

person before this Court and pointed out that she was

forcefully evicted from the house taken out on rent from

the relative of the appellant/accused. It is submitted that

on enquries, it is learned that the parents of the de facto

complainant are still residing in the same house. It is

submitted that the de facto complainant is accused in

Crime No.155/2025 of Pallickathodu Police Station,

Kottayam district, alleging commission of offences under

Sections 196(b), 115(2), 126(2) and 324(2) of BNS, and the

case is now pending as C.C.No.221/2025 on the files of the

Judicial First Class Magistrate Court-I, Kanjirappally.

6. Having heard the learned counsel appearing for

the appellant/accused and the learned Public Prosecutor

and considering the objections raised by the de facto 2025:KER:65648

complainant, I am of the view that the appellant/accused

can be granted anticipatory bail, notwithstanding the bar

contained in the provisions of the SC/ST Act. Even

assuming that the allegations raised by the de facto

complainant are true, it does not appear that the

appellant/accused had committed the offence knowing that

the de facto complainant/victim was a member of one of

the Scheduled Castes. Therefore, prima facie, I am

convinced that the provisions of the SC/ST Act cannot be

invoked against the appellant/accused and, the bar under

Section 18 of the SC/ST Act will not apply in granting

anticipatory bail. Coming to the other allegations against

the appellant/accused, it is to be noticed that the

appellant/accused has no criminal antecedents. The main

allegation against the appellant/accused is that the

appellant/accused verbally abused and attacked the

de facto complainant and pushed her down in a muddy

puddle, causing injuries to her. Even assuming that these

allegations are true, I am of the opinion that the custodial 2025:KER:65648

interrogation of the appellant/accused is not necessary.

Therefore, appellant/accused can be granted anticipatory

bail subject to conditions.

7. Accordingly this appeal is allowed, and the

impugned order dated 01-08-2025 in Crl.M.C

No.1045/2025 on the file of the District and Sessions

Court, Kottayam, will stand set aside. It is directed that

the appellant/accused shall be released on bail in the event

of arrest in Crime No.1350/2025 of Pala Police Station,

Kottayam district, subject to the following conditions:

i. The appellant/accused 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. The appellant/accused shall appear before

the Investigating Officer, Pala Police Station, 2025:KER:65648

Kottayam district, as and when called upon

to do so;

iii. The appellant/accused shall not intimidate

the de facto complainant or shall not in any

manner establish any contact with the

de facto complainant, and shall not in any

manner act in prejudice to the interests of

the de facto complainant or other family

members of the de facto complainant in

Crime No.1350/2025 of Pala Police Station,

Kottayam district;

iv. The appellant/accused shall not directly or

indirectly make any inducement, threat or

promise to any person acquainted with the

facts of the case so as to dissuade him from

disclosing such facts to the Court or to any

Police Officer;

2025:KER:65648

v. The appellant/accused shall not tamper with

any evidence in the case;

vi.The appellant/accused shall not commit any

offence while on bail.

If any of the aforesaid conditions are violated, the

Investigating officer in Crime No.1350/2025 of Pala Police

Station, Kottayam district, may file an application before

the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P. JUDGE ats 2025:KER:65648

APPELLANT'S ANNEXURES

Annexure A1 A FREE COPY OF THE ORDER PASSED BY THE HONORABLE COURT OF SESSION, KOTTAYAM IN CRL. M.C. NO. 1045/2025 DATED 01/08/2025.

Annexure A2 A TRUE COPY OF THE PRINTOUT OF THE NEWS PUBLISHED BY MATHRUBHUMI ACCESSED ON 04/08/2025 HTTPS://WWW.MATHRUBHUMI.COM/VIDEOS/NEWS

-IN-VIDEOS/KOTTAYAM-BUS-ASSAULT-ARREST- 1.10354284.

Annexure A3 A TRUE COPY OF THE FIR IN CRIME NO. 155 OF 2025 OF THE PALLIKATHODE P.S. DATED 18/02/2025.

Annexure A4 A TRUE COPY OF THE PRINTOUT OF THE CASE STATUS OF C.C. 221/2025 ON THE FILES OF THE HONORABLE BEFORE THE HONORABLE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS-I, KANJIRAPALLY AS AVAILABLE ON E-COURTS WEBSITE