Kerala High Court
Anilkumar vs State Of Kerala on 9 October, 2025
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CRL.A NO. 1375 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
CRL.A NO. 1375 OF 2025
CRIME NO.654/2025 OF Pathanapuram Police Station, Kollam
AGAINST THE ORDER DATED 24.06.2025 IN CRMP NO.147 OF 2025 OF
SPECIAL COURT FOR SCHEDULED CASTES/SCHEDULED TRIBE (POA) ACT
CASES, KOTTARAKKARA
APPELLANT/1ST ACCUSED:
ANILKUMAR, AGED 49 YEARS
S/O.SASIDHARAN, ANIL BHAVAN,
KARAVOOR MURI, THODIKKANDAM,
PIRAVANTHOOR, KOLLAM -, PIN - 689696
BY ADVS.
SRI.K.SIJU
SHRI.S.ABHILASH
SMT.ANJANA KANNATH
SMT.SAFNA P.S.
SHRI.GAUTHAM SIJU
RESPONDENT/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
PATHANAPURAM POLICE STATION,
KOLLAM DISTRICT -, PIN - 689695
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CRL.A NO. 1375 OF 2025 2
3 RAVI, AGED 64 YEARS,
S/O.SANKARAN,
PUTHEN VEEDU, OLAPPARA, KARAVOOR P.O, PIRAVANTHOOR,
KOLLAM -, PIN - 689696
SMT. BINDHU.O.V (PP)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
09.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.A NO. 1375 OF 2025 3
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'). The appellant is the accused in Crime No.654 of 2025 of
Pathanapuram Police Station, which has been registered
alleging commission of offences punishable under Sections
115(2), 61(2), 294(B), 103(1) r/w.3(5) of BNS and Section 3(2)
(v) of the Act. Since the provisions of the SC/ST Act was also
involved, the appellant had filed an application for bail before
the Special Court for Scheduled Caste/Scheduled Tribe (POA)
Act Cases, Kottarakkara as Crl.M.P. No.147 of 2025. By order
dated 24.06.2025, the the said bail application has been
dismissed. Challenging the order dated 24.06.2025 in Crl.M.P.
No.147 of 2025, appellant filed the above Criminal Appeal.
2. Allegation leading to registration of Crime No.654 of
2025 of Pathanapuram Police Station is that, out of the
animosity arising out of the fact that the deceased had picked
up a quarrel with the wife of the appellant/1 st accused, he
conspired with the 2nd accused to commit murder of the
deceased and on 10.05.2025, they committed murder by
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choking the deceased with a towel . The appellant was arrested
on 19.05.2025 and has been in custody since that date.
3. Learned counsel appearing for the appellant submits
that the appellant is absolutely innocent in the matter. It is
submitted that, the appellant has been falsely implicated on
account of the fact that he belongs to a rival political front. It is
submitted that the appellant had no reason to murder the
deceased for the reason that the deceased had a quarrel with
the wife of the appellant at her shop at Thodeekandam in
Piravanthoor Taluk. It is submitted that the appellant has been
in custody for more than 143 days. It is submitted that the
investigation has been completed and final report has been filed
in the matter and the matter is now pending before the Special
Court.
4. Learned Public Prosecutor vehemently opposes the
grant of bail. It is submitted that during the course of
investigation, materials have been collected to show that the
appellant along with the 2nd accused had committed murder of
the deceased owing to the fact that the deceased had picked up
a quarrel with the wife of the appellant at her shop. It is
submitted that the murder was carried out in a very gruesome
manner and therefore, the appellant should not be granted bail.
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It is confirmed that the investigation has been completed and
final report has been filed on 07.08.2025. Learned Public
Prosecutor also states that the appellant has criminal
antecedents and there are two other cases pending against him
alleging commission of offences punishable under Sections 323
and 325 IPC.
5. Learned counsel for the appellant, in reply, would
submit that the cases reported as criminal antecedents against
the appellant are also cases registered on account of the
political affiliation of the appellant and since the offences
involved are not serious offences, the same should not be a
ground to deny bail to the appellant.
6. By order dated 23.07.2025, this Court had directed
service of notice on the legal heirs of the deceased through the
Station House Officer, Pathanapuram police station. However,
there is no appearance for the legal heirs of the deceased.
7. 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 bail subject to conditions.
The criminal antecedents reported against the appellant are not
in respect of any serious offences. The appellant has been in
custody for more than 143 days. The investigation has been
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completed and final report has already been filed. Therefore,
there is no compelling reason to deny bail to the appellant.
Therefore, I am inclined to allow this appeal.
Accordingly, the Criminal Appeal is allowed. The
impugned order dated 24.06.2025 in Crl.M.P. No.147 of 2025
will stand set aside and the appellant is directed to be released
on bail subject to the following conditions:-
(i) The appellant shall execute bond for a sum of
Rs.1,00,000/- (Rupees One lakh only) with two solvent
sureties for the like-sum to the satisfaction of the
jurisdictional court;
(ii) The appellant shall not attempt to make any
contact with the family members of the deceased or
intimidate or influence the family members of the
deceased;
(iii) The appellant 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 from disclosing such facts to the Court or to any
police officer or tamper with the evidence ;
(iv) The appellant shall not involve in any other
crime while on bail.
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(v) The appellant shall appear before the
investigating officer in Crime No.654 of 2025 of
Pathanapuram Police Station as and when called upon to
do so.
If any of the aforesaid conditions are violated, the
Station House officer, Pathanapuram 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
appellant for regular bail and shall not be treated as a finding
by this Court on any issue.
Sd/-
GOPINATH P.
JUDGE
ajt
