Kerala High Court
Sreejith vs State Of Kerala on 23 July, 2025
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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
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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.
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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.
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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
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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
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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
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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
