Kerala High Court

Priyan.K vs State Of Kerala on 9 June, 2025

                                                             2025:KER:40168

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
                            CRL.A NO. 806 OF 2025
    CRIME NO.475/2025 OF SASTHAMCOTTA POLICE STATION, KOLLAM

  AGAINST THE ORDER DATED 25.03.2025 IN CRMP NO.71 OF 2025 OF
SPECIAL COURT- OFFENCES UNDER SC/ST (POA) ACT,1989,KOTTARAKKARA

APPELLANT/1ST ACCUSED:

               PRIYAN.K
               AGED 26 YEARS, S/O.PRADEEPKUMAR,
               PRIYAN BHAVANAM, KADAPPA, MYNAGAPPALLY,
               KOLLAM, PIN - 690 519.

               BY ADVS.
                          SRI.K.SIJU
                          SHRI.S.ABHILASH
                          SMT.ANJANA KANNATH
                          SMT.SAFNA P.S.



RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

    2          THE STATION HOUSE OFFICER
               SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT,
               PIN - 690 521.

    3          ASWATHY
               W/O.AJITH KUMAR, AGED 45 YEARS,
               ARADHYAM, KADAPPA MURI, NEAR VETTIKADU TEMPLE,
               MYNAGAPPALLY, KOLLAM -, PIN - 690 519.

               BY ADVS
                          SHRI.E.A.HARIS (FOR R3)
                          SMT. SEENA C. (PP)


        THIS    CRIMINAL    APPEAL   HAVING    COME   UP   FOR   ADMISSION   ON
09.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                   2025:KER:40168
CRL.A 806/2025                  2



                          JUDGMENT

This appeal has been filed challenging the order dated

25-03-2025 in Crl.M.P No.71/2025 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 appellant was dismissed by that

Court. The appellant is the accused in Crime No.475/2025 of

Sasthamcotta Police Station, Kollam district, for the offences

under Sections 296(a), 118(1), 351, 3(5) of the Bharatiya Nyaya

Sanhita, 2023, and Sections 3(1)(s), 3(2)(va) of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989 (hereinafter referred to as the 'SC/ST Act').

2. The allegation against the appellant is that the

appellant assaulted the de facto complainant, who belongs to

one of the Scheduled Castes, by calling out his caste name and

by beating him on his head with a stick, causing severe injuries

to the de facto complainant, and thereby he committed the

offences alleged against him.

3. The learned counsel appearing for the appellant would

submit that the allegations raised against the appellant are 2025:KER:40168

false and fabricated. It is submitted that there was a push and

pull and a wordy altercation with the de facto complainant

when he tried to intervene in a dispute between the appellant

and one Ramachandran. It is submitted that the allegation that

the appellant had attacked the de facto complainant with a

stick is absolutely incorrect. It is submitted that the

de facto complainant might have sustained injuries owing to a

fall and not as a result of any attack by the appellant. It is

submitted that even if all the allegations of assault are

accepted, no offence under the SC/ST Act can be alleged

against the appellant, and prima facie there is nothing to

indicate that the offence under the SC/ST Act had been

committed by the appellant. It is submitted that the appellant

has no criminal antecedents.

4. The learned Public Prosecutor opposes the grant of

bail. She has placed before me a copy of the accident register

cum wound certificate issued by the Assistant Surgeon, Medical

College Hospital, Thiruvananthapuram, to contend that there

were serious injuries on the de facto complainant, which

allegedly were on account of the attack by the appellant. It is

submitted that the de facto complainant was unconscious for a 2025:KER:40168

period of seven days and this shows that the attack on him was

grievous. The learned Public Prosecutor also submits that the

arrest of the appellant is inevitable, as recovery is yet to be

effected.

5. The learned counsel appearing for the

3rd respondent/de facto complainant also reiterates the

contentions taken by the learned Public Prosecutor and submits

that the appellant has not made out any case for grant of

anticipatory bail.

6. Having heard the learned counsel for the appellant, the

learned Public Prosecutor and the learned counsel for the

3rd respondent/de facto complainant, I am of the view that the

appellant can be granted anticipatory bail subject to conditions.

No criminal antecedents have been reported against the

appellant. The allegations against the appellant are no doubt

serious. However, considering the fact that no criminal

antecedents are reported against the appellant, I am of the

view that the appellant can be granted anticipatory bail subject

to conditions. The apprehension of the learned Public

Prosecutor that recovery has not been effected does not compel

this Court from taking a view that the appellant should not be 2025:KER:40168

granted anticipatory bail, as it can be clarified that the

appellant shall be deemed to be in custody for the purposes of

any recovery. Prima facie, I find merit in the contention that

even if all the allegations are accepted, the offence under the

SC/ST Act may not be attracted.

7. Accordingly this appeal is allowed, and the impugned

order dated 25-03-2025 in Crl.M.P No.71/2025 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 appellant shall be released on bail in the event

of arrest in Crime No.475/2025 of Sasthamcotta Police Station,

Kollam district, 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 each for the like sum to the

satisfaction of the arresting officer;

ii. The appellant shall appear before the

investigating officer in Crime No.475/2025 of

Sasthamcotta Police Station, Kollam district as

and when summoned to do so;

2025:KER:40168

iii. The appellant shall not attempt to contact the

de facto complainant or interfere with the

investigation or to influence or intimidate any

witness in Crime No.475/2025 of Sasthamcotta

Police Station, Kollam district;

iv. The appellant shall not involve in any other crime

while on bail.

8. If any of the aforesaid conditions are violated, the

Investigating officer in Crime No.475/2025 of Sasthamcotta

Police Station, Kollam district, may file an application before

the jurisdictional Court for cancellation of bail. It is made clear

that the appellant shall be deemed to be in custody for the

purposes of any recovery etc. even if he is arrested and

released on bail in terms of the directions contained in this

judgment. Any observation in this order shall not be treated as

a finding on any point.

Criminal appeal will stand disposed of accordingly.

Sd/-

GOPINATH P. JUDGE ats 2025:KER:40168