Kerala High Court
Hamesh. H vs State Of Kerala Represented By Public ... on 7 March, 2025
Crl.Appeal No.238 of 2025
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2025:KER:19491
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
CRL.A NO. 238 OF 2025
CRIME NO.1124/2024 OF PALLURUTHY POLICE STATION, ERNAKULAM
AGAINST THE ORDER IN BAIL APPL. NO.923 OF 2025 OF
HIGH COURT OF KERALA ARISING OUT OF THE ORDER DATED
09.01.2025 IN CRMP NO.587 OF 2024 OF SPECIAL COURT-
OFFENCES UNDER SC/ST (POA) ACT,1989, ERNAKULAM.
APPELLANT(S)/PETITIONER/1ST ACCUSED:
HAMESH. H
AGED 29 YEARS,
S/O. HARISON, AGED 29 YEARS,
RESIDING AT NELSON COTTAGE, THEKKUMBHAGAM,
ERAVIPURAM P.O., KOLLAM, PIN - 691011
BY ADVS.
PRATHAP. S.R.K.
DHANANJAY DEEPAK
KEVIN RENJU
RESPONDENT(S)/RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
PIN - 682018.
2 THE STATION HOUSE OFFICER
PALLURUTHY POLICE STATION CASABA,
ERNAKULAM,
PIN - 682006.
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3 HRUDYA
AGED 21 YEARS,
D/O. MINI, PATHINARUPARANIKARTHIL HOUSE,
EDAKOCHI, ERNAKULAM, PIN - 682010
SMT.SHEEBA THOMAS, PUBLIC PROSECUTOR.
THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON
07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.SUDHA, J.
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Crl.Appeal No.238 of 2025
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Dated this the 7th day of March 2025
JUDGMENT
This appeal under Section 14A of the Scheduled Caste &
Scheduled Tribe (Prevention of Atrocities) Act, 1989 (the Act)
has been filed by the first petitioner/first accused in crime
no.1124/2024 of Palluruthy police station, aggrieved by the
dismissal of his petition under Section 482 of BNSS, namely,
Crl.M.P.No.587/2024, on the file of the Court of Special Judge
for the trial of offences under SC/ST (POA) Act, 1989,
Ernakulam, seeking pre-arrest bail.
2. It is submitted by the learned counsel for the
appellant/first accused that once the trial court found that the bar
under Section 18 and 18A of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (the Act) is not
attracted, the trial court was not justified in rejecting the plea for
pre-arrest bail on the ground that the offence under Section 85 of
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the BNS Act is attracted.
3. The request for pre-arrest bail is opposed by the
learned public prosecutor.
4. Heard both sides.
5. The prosecution case is that the appellant/first
accused married the informant/victim on 25/05/2023 at St.John's
Baptist Church, Eravipuram, Kollam as per the rites and customs
of the Christian community. It is also alleged that the
informant/victim had converted to Christianity. The allegation is
that after the marriage, the appellant/first accused along with his
parents, sister and brother-in-aw mentally and physically harassed
her demanding more dowry. It is also alleged that they had
abused her by calling her caste name. As per the FIR, the
appellant/first accused along with the co-accused are alleged to
have committed the offences punishable under Section 85 of the
BNS and Section 3(1)(s) of the Act. The trial court found that
prima facie the offence under the Act is not attracted. However,
held that since Section 85 of the BNS is attracted, the
appellant/first accused is not entitled to be granted pre-arrest bail.
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No reasons are given as to why the appellant/first accused cannot
be granted pre-arrest bail. In the facts and circumstances of the
case, custodial interrogation of the appellant/first accused does
not appear necessary. Hence, I find that he is entitled to be
granted pre-arrest bail. Therefore, the impugned order is set aside,
and it is ordered thus: -
i) The appellant/first accused in the event of his
arrest shall be released on bail on execution of a
bond to the satisfaction of the officer concerned.
ii) The appellant/first accused shall co-operate
with the investigation and appear before the
investigating officer as and when required/
directed.
iii) He shall not leave the country without the
prior permission of this Court.
iv) He shall surrender his passport to the
jurisdictional court. If the appellant does not have
a passport, he shall file an affidavit to the said
effect before the jurisdictional court within seven
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days of his release on bail.
v) The appellant/first 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/her from
disclosing such facts to the Court or to any police
officer.
The appeal is allowed.
Interlocutory applications, if any pending, shall stand
closed.
Sd/-
C.S.SUDHA
JUDGE
Jms
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PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE ORDER DATED
09.01.2025 IN CRL. M.P. NO. 587 OF 2024
ON THE FILES OF COURT OF SPECIAL JUDGE
FOR THE TRAIL OF OFFENCES UNDER SC/ST
(POA) ACT, 1989
Annexure 2 TRUE COPY OF THE CERTIFICATE OF
MARRIAGE DATED 22.12.2022 ISSUED BY THE
MARRIAGE OFFICER, ERAVIPURAM TO THE
APPELLANT
Annexure 3 TRUE COPY OF THE AFFIDAVIT DATED
03.05.2023 SUBMITTED BY THE DEFACTO
COMPLAINANT BEFORE THE HON'BLE BISHOP,
KOLLAM DIOCESE, KOLLAM
Annexure 4 TRUE COPY OF THE CERTIFICATE OF BAPTISM
DATED 20.11.2024 ISSUED BY THE PARISH
PRIEST, ST. JOHN'S BAPTIST CHURCH,
ERAVIPURAM, KOLLAM
Annexure 5 TRUE COPY OF THE CERTIFICATE OF
MARRIAGE BETWEEN THE APPELLANT AND
DEFACTO COMPLAINANT DATED 03.11.2024
ISSUED BY THE PARISH PRIEST, ST. JOHN'S
BAPTIST CHURCH, ERAVIPURAM, KOLLAM
Annexure 6 TRUE COPY OF THE ORDER DATED 21.01.2025
IN BA NO. 923 OF 2025 PASSED BY HON'BLE
HIGH COURT OF KERALA
