Accused's plea dismissed due to prima facie evidence supporting charges under the SC/ST Act and Bharatiya Nyaya Sanhita
The Kerala High Court, presided over by Justice A. Badharudeen, has refused to grant anticipatory bail to Athul P. and Ajeesh T., accused Nos. 6 and 8 in crime No. 1111/2025 of Enath Police Station, Pathanamthitta. The appeal, filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended in 2018, challenged the Special Court's order dated 26.11.2025 which denied their anticipatory bail plea.
The prosecution alleges that the accused committed offenses under Sections 3(1)(s) and 3(2)(va) of the SC/ST (POA) Act, 2018, as well as various sections of the Bharatiya Nyaya Sanhita, 2023. The incident occurred on the night of 28.09.2025, during which the accused allegedly hurled obscene words, intimidated the defacto complainant with threats of death, and attempted to assault him with an iron rod. Additionally, the accused were alleged to have attacked the complainant's companions and damaged his autorickshaw.
The appellants, represented by their legal counsel, argued that they are innocent and that the incident was a result of a celebration gone awry, with no intention of committing the alleged offenses. They expressed willingness to comply with conditions for bail. However, the learned Public Prosecutor opposed the plea, presenting case records and wound certificates to demonstrate the appellants' involvement. He emphasized the bar on anticipatory bail under Section 18 of the SC/ST (POA) Act, 2018, which is reinforced by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Justice Badharudeen, upon reviewing the evidence, upheld the Special Court's decision, noting that the prosecution records established prima facie evidence of offenses under both the SC/ST (POA) Act, 2018 and the Bharatiya Nyaya Sanhita, 2023. The judgment highlighted the importance of custodial interrogation and recovery of weapons for a thorough investigation. The court directed the appellants to surrender to the investigating officer immediately, failing which they may be arrested.
Bottom Line:
Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2018 bars grant of anticipatory bail if prosecution materials prima facie demonstrate commission of offences under the Act. Additionally, Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 also excludes its application in relation to such offences.
Statutory provision(s): Section 18 of SC/ST (POA) Act, 2018, Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 2018, Section 110 of Bharatiya Nyaya Sanhita, 2023
Athul P. v. State Of Kerala, (Kerala) : Law Finder Doc id # 2837619
