Kerala High Court
Rajesh K vs State Of Kerala on 2 July, 2025
2025:KER:48048
CRL.A NO. 1167 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
CRL.A NO. 1167 OF 2025
CRIME NO.430/2025 OF Elathur Police Station, Kozhikode
AGAINST THE ORDER DATED 17.06.2025 IN CRMC NO.831 OF 2025 OF
SESSIONS COURT, KOZHIKODE
APPELLANT/PETITIONER/ACCUSED:
RAJESH K, AGED 47 YEARS
S/O RARICHAN, KANNAM VEETTIL HOUSE, P.O.MALAPARAMBA,
KOZHIKODE -, PIN - 673009
BY ADV SRI.MAHESH V RAMAKRISHNAN
RESPONDENT/RESPONDENT & DEFEACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 SHEEBA B.T., D/O VELAYUDHAN, THALIYANANILAM HOUSE,
P.O.MAKKADA, VIA. KAKKODI, KOZHIKODE -, PIN - 670611
SMT.SEENA C,PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
02.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.A NO. 1167 OF 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 SC/ST
Act'), challenging the order dated 17.06.2025 in Crl.M.C.
No.831 of 2025 on the file of the Sessions Court, Kozhikode,
rejecting an application for anticipatory bail filed by the
appellant/accused in Crime No.430 of 2025 of Elathur Police
Station.
2. Allegation against the appellant is that, on
22.05.2025, at about 11.00 A.M, the appellant trespassed into
the room of the de facto complainant and sexually assaulted her
and outraged her modesty. It is also alleged that the appellant
abused the victim by calling her caste name.
3. Learned counsel appearing for the appellant would
submit that the appellant is absolutely innocent and a false case
has been registered against the appellant only on account of the
fact that the appellant had initiated proceedings, alleging
commission of offences punishable under the provisions of the
Negotiable Instruments Act, in respect of a cheque issued by
the de facto complainant/victim for a sum of Rs.98,000/-. It is
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submitted that, the case initiated at the instance of the
appellant against the de facto complainant/victim is now
pending as S.T. No.1049 of 2020 on the file of the Judicial First
Class Magistrate Court-VII, Kozhikode.
4. Learned Public Prosecutor opposes the grant of bail.
It is pointed out that the Sessions Court had found that the case
put forth by the appellant that the case was only a counter blast
to the filing of the case by the appellant against the de facto
complainant/victim under the provisions of the Negotiable
Instruments Act, was found to be not acceptable as no records
have been produced by the appellant before the Sessions Court.
It is submitted that, the Sessions Court had also taken note of
the fact that, under Section 18 of the SC/ST Act, there is a bar
against grant of anticipatory bail. It is submitted that,
investigation is at the initial stages and if anticipatory bail is
granted to the appellant, the same will prejudice proper
investigation into the allegations raised against the appellant.
5. Having heard the learned counsel appearing for the
appellant and the learned Public Prosecutor, I am of the view
that the appellant can be granted anticipatory bail subject to
conditions. It is true that Section 18 of the SC/ST Act prohibits
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grant of anticipatory bail when a crime is registered alleging
commission of offences under the provisions of the SC/ST Act.
However, in the facts of the present case, it appears that the
appellant had initiated proceedings against the de facto
complainant/victim alleging commission of offence under the
provisions of the Negotiable Instruments Act. Since the
appellant had even provided the details of the case pending
before the Judicial First Class Magistrate Court-VII, Kozhikode,
the learned Sessions Judge should not have rejected the case of
the appellant on the short ground that he had not produced any
records in S.T. No.1049 of 2020 . Therefore, prima facie, I am
of the view that the appellant has not committed any offence
under the provisions of the SC/ST Act and the initiation of
prosecution alleging commission of offences under the SC/ST
Act is a counter blast to the filing of S.T. No.1049 of 2020 on the
file of the Judicial First Class Magistrate Court-VII against the
de facto complainant/victim alleging commission of offence
under Section 138 of the Negotiable Instruments Act.
Therefore, this appeal is allowed. The impugned order
dated 17.06.2025 in Crl.M.C. No.831 of 2025 will stand set
aside. It is directed that the appellant shall be released on bail
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in the event of arrest in connection with Crime No.430 of 2025
of Elathur Police Station subject to the following conditions:-
(i) The appellant shall execute bond for a sum of
Rs.50,000/- (Rupees Fifty thousand only) with two solvent
sureties for the like-sum to the satisfaction of the
investigating officer;
(ii) The appellant shall appear before the
investigating officer at 11.00 A.M on 07.07.2025 and
thereafter, as and when called upon to do so;
(iii) The appellant shall not attempt to contact
the de facto complainant/victim or interfere with the
investigation or to influence or intimidate the victim or
any family members of the victim or any witness in Crime
No.430 of 2025 of Elathur police station;
(iv) The appellant shall not involve in any other
crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.430 of 2025 of Elathur Police
Station may file an application before the jurisdictional court for
cancellation of bail
I make it clear that the observations in this order are
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only for the purposes of considering the entitlement of the
appellant for anticipatory bail and shall not be treated as a
finding by this Court on any issue.
Sd/-
GOPINATH P.
JUDGE
ajt
2025:KER:48048
PETITIONER ANNEXURES
Annexure A1 TRUE FREE COPY /ACCUSED COPY OF THE JUDGMENT
DATED 17-06-2025 IN CRL M C NO.831 OF 2025 OF
THE COURT OF SESSION, KOZHIKODE DIVISION
Annexure A2 TRUE COPY OF THE CRIMINAL COMPLAINT DATED 26-
06-2020 IN S.T.C. NO.1049 OF 2020 ON THE FILE
OF THE COURT OF THE JUDICIAL FIRST CLASS
MAGISTRATE-VII, KOZHIKODE
Annexure A3 TRUE COPY OF THE SCREEN SHOT OF THE ONLINE
CASE STATUS OF THE PROCEEDINGS DATED 07-04-
2025 IN STC 1049/2020 OF THE JFCM-VII,
KOZHIKODE
