Kerala High Court
Shameerkhan.B vs State Of Kerala on 8 July, 2025
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CRL.A NO. 1174 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
CRL.A NO. 1174 OF 2025
CRIME NO.828/2025 OF Nooranadu Police Station, Alappuzha
AGAINST THE ORDER DATED 16.06.2025 IN CRMC NO.713 OF 2025 OF
THE SPECIAL COURT UNDER THE SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT(SESSIONS COURT), ALAPPUZHA
APPELLANTS/ACCUSED NOS.1 AND 2:
1 SHAMEERKHAN.B, AGED 41 YEARS
S/O. N. BASHEER RAWTHER, THUNDIL PUTHEN . VEEDU,
THAMARAKKUIAM, ALAPPUZHA, PIN - 690530
2 BASHEER RAWTHER, AGED 75 YEARS, THUNDIL PUTHEN VEEDU,
THAMARAKKUIAM, ALAPPUZHA, PIN - 690530
BY ADVS.
SRI. Sasthamangalam S. Ajithkumar
SRI.SATHEESH MOHANAN
SHRI.SREEJITH S. NAIR
SMT.MAHIMA
SHRI.COLIN ANTONY DCRUZ
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR ,
HIGH COURT OF KERALA , ERNAKULAM, PIN - 682031
2 VIJESH, S/O ANANDAN, PAZHANJIYIL VEEDU, MEKKUMMURI,
THAMARAKKULAM, ALAPPUZHA, PIN - 690530
SRI. VIPIN NARAYANAN, SR. PP
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.A NO. 1174 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 16.06.2025 in Crl.M.C.
No.713 of 2025 on the file of the Special Court under the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities Act), Alappuzha, rejecting an application for
anticipatory bail filed by the appellants/accused in Crime
No.828 of 2025 of Nooranad Police Station, which was
registered alleging commission of offences under Section
296(b), 115(2), 126(2), 329 (3), 118(2) and 3(5) of the BNS and
under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act.
2. The allegations leading to the registration of Crime
No.828 of 2025 of Nooranad Police Station is that, on
19.05.2025, at about 03.00 pm, the appellants abused the de
facto complainant by hurling abusive words in a derogatory
manner and by calling him by his caste name. It is alleged that
the first appellant caught hold of the neck of the de facto
complainant and slapped him on his face and pushed him down.
It is further alleged that when he managed to get up, the 1 st
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appellant fisted him on his chest and belly with his arm,
causing him fracture.
3. Sri. Sasthamangalam S. Ajithkumar, learned Senior
Counsel appearing for the appellants, on the instructions of
Adv.Satheesh Mohanan, would submit that the order of the
Sessions Court is unsustainable in law. It is submitted that,
while the appellants were engaged in some maintenance work
on the road in front of their house, this was objected to by the
de facto complainant and the de facto complainant assaulted
the appellants. It is submitted that, the appellants had taken
medical treatment. Reference is made to Annexures 2, 2(a), 3,
3(a) and 5 to show that the appellants had taken medical
treatment owing to the assault by the de facto complainant.
Learned Senior Counsel also refers to Annexure 4, which is a
receipt in respect of a complaint given by the appellants against
the de facto complainant on 20.05.2025. It is submitted that, in
order to get over the possibility of some action on the complaint
filed by the appellants, the First Information Report leading to
registration of Crime No.828 of Nooranad Police Station was
filed at about 06.44 pm on 21.05.2025.
4. Pursuant to the notice given to the 2 nd respondent,
he appeared in person before the Court and objected to the
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grant of bail to the appellants.
5. Learned Public Prosecutor opposes the grant of
anticipatory bail. He submits that the de facto complainant had
reportedly suffered a fracture owing to the attack by the 1 st
appellant. It is submitted that, the 2 nd appellant has been
removed from the array of accused persons. It is submitted
that, the investigation is only at the initial stages and the grant
of anticipatory bail to the appellants, at this stage, may not be
conducive to the investigation. Learned Public Prosecutor
confirms that notice of the bail application was duly served on
the de facto complainant.
6. Having heard the learned Senior Counsel appearing
for the appellants, the learned Public Prosecutor and the 2 nd
respondent who appeared in person before this Court, I am of
the view that the appellants can be granted anticipatory bail
subject to conditions. The allegations levelled against the
appellants, even if accepted to be true, prima facie, does not
appear to constitute any offence under the SC/ST Act.
Therefore, the bar of grant of anticipatory bail under Section 18
of the SC/ST Act may not apply in the facts of this case. That
apart, the learned Senior Counsel for the appellants is right in
contending that the appellants had also filed a complaint
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against the de facto complainant and the receipt for such
complaint issued by the Nooranad Police Station indicates that
such complaint was filed on 20.05.2025. The First Information
Report leading to registration of Crime No.828 of 2025 of the
very same Police station was registered only at 06.44 pm on the
next day, i.e, on 21.05.2025. No Criminal antecedents are
reported against the appellants. Taking all these facts
cumulatively into consideration, I am of the view that the
appellants are entitled to anticipatory bail. Since the 2 nd
appellant has been removed from the array of accused, no order
granting anticipatory bail to the 2nd accused need be issued.
Therefore, this appeal is allowed. The impugned order
dated 16.06.2025 in Crl.M.C. No.713 of 2025 will stand set
aside. It is directed that the 1 st appellant shall be released on
bail in the event of arrest in connection with Crime No.828 of
2025 of Nooranad Police Station subject to the following
conditions:-
(i) The 1st 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 1st appellant shall appear before the
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investigating officer in Crime No.828 of 2025 of
Nooranad Police Station at 11.00 A.M on 14.07.2025 and
thereafter, as and when called upon to do so;
(iii) The 1st appellant shall not attempt to
contact the de facto complainant or interfere with the
investigation or to influence or intimidate the de facto
complainant or any other family members of the de facto
complainant or any witness in Crime No.828 of 2025 of
Nooranad police station;
(iv) The 1st 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.828 of 2025 of Nooranad
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
only for the purposes of considering the entitlement of the 1 st
appellant for anticipatory bail and shall not be treated as a
finding by this Court on any issue.
Sd/-
GOPINATH P.
JUDGE
ajt
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PETITIONER ANNEXURES
Annexure 1 CITIZEN COPY OF THE FIR IN CRIME NO. 828 OF
2025 OF NOORANAD POLICE STATION, ALAPPUZHA
DISTRICT DATED 21.05.2025
Annexure 2 THE TRUE COPY OF PHOTOGRAPHS OF THE INJURED
APPELLANTS
Annexure 2(a) THE TRUE COPY OF PHOTOGRAPHS OF THE INJURIES
OF 2ND APPELLANT
Annexure 3 TRUE COPY OF THE OP TICKETS OF THE 1ST
APPELLANT
Annexure 3(a) TRUE COPY OF THE OP TICKETS OF THE 2ND
APPELLANT
Annexure 4 TRUE COPY OF THE COMPLAINT FILED BY WIFE OF
THE 1ST APPELLANT BEFORE THE NOORANAD POLICE
STATION DATED 20/05/2025 WITH ITS RECEIPT
Annexure 5 THE COPY OF THE MEDICAL RECORDS OF THE 2ND
APPELLANT
Annexure 6 CERTIFIED COPY OF THE ORDER CRL. M C NO.
713/2025 BEFORE THE SPECIAL JUDGE UNDER THE
SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT (SESSIONS
JUDGE), ALAPPUZHA
