Anwar Sadique C & Yoosafali K. T. v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **MONDAY, THE 21[ST] DAY OF AUGUST 2023 / 30TH SRAVANA, 1945** **CRL.A NO. 1201 OF 2023** **CRIME NO.523/2023 OF VENGARA POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT CRMP 1865/2023 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI APPELLANT/ACCUSED: 1 ANWAR SADIQUE C AGED 26 YEARS, S/O. ASARF C, CHAPPAGANTHIL HOUSE, KANNAMANGALAM WEST P.O, THOTTASHERIYARA, MALAPPURAM DISTRICT., PIN - 676305** ## **APPELLANT/ACCUSED:** **2 YOOSAFALI. K. T. AGED 30 YEARS, S/O ALAVI KUTTY KALLAKKANTHODIKA HOUSE, KANNAMANGALAM WEST P.O, THOTTASHERIYARA, MALAPPURAM DISTRICT., PIN - 676305** **BY ADV R.RANJITH (MANJERI)** ## **RESPONDENT/STATE:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 VISHNU AMARAN S/O. RAJAN, KOTTASSERI COLONY, CHIRAYIL P.O., KARUVANKALLU, MALAPPURAM DISTRICT, PIN – 673638** **SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR** ## **THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON** **21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **CRL.A NO. 1201 OF 2023** **2** ## **JUDGMENT** Dated this the 21[st] day of August, 2023 This appeal has been filed under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, (hereinafter referred to as “the SC/ST (POA) Act, for convenience”) and the appellants are accused Nos.1 and 2 in crime No.523/2023 of Vengara police station, Malappuram, where the prosecution alleges commission of offences punishable under Sections 341, 323 read with Section 34 of IPC and Section 3(1)(s) and 3(2)(va) of SC/ST POA Act by the accused. The appellants are aggrieved in the matter of dismissal of Crl.M.P.No.1865/2023 by the Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri, wherein the appellants sought the relief of anticipatory bail. 2. Since offence under Section SC/ST (POA) Act is involved, notice as mandated under Section 15A(3) of the SC/ST (POA) Act was issued to the defacto complainant through the Station House Officer and the same was served and the learned **CRL.A NO. 1201 OF 2023** **3** Public Prosecutor placed a memo evidencing service of such notice for the perusal of this Court. But the defacto complainant did not appear. 3. Heard the learned counsel for the appellants and the learned Public Prosecutor. Perused the available records. 4. The prosecution case is that at about 9 pm on 28.06.2023 when the defacto complainant, who belongs to the Scheduled Caste, was at Cherekkad, the appellants herein, who did not belong to either the Scheduled Caste or the Scheduled Tribe community, wrongfully restrained and beat on their face and chest. Thereafter, the appellants called the caste name of the defacto complainant and abused him. On this premise, the prosecution alleges commission of aforementioned offences. 5. Even though appellants moved an application for anticipatory bail before the Special Court, the same was dismissed as per order in Crl.M.P.No.1865/2023 dated 25.07.2023. The said order is under challenge in this appeal. **CRL.A NO. 1201 OF 2023** **4** 6. According to the learned counsel for the appellants, the allegations are false and the appellants also sustained minor injuries as a result of push and pull in between them. It is also pointed out by the learned counsel for the appellants that even going by the First Information Statement, no serious overt acts could be gathered. Therefore, the appellants deserve anticipatory bail and as such, the order impugned is liable to be set aside. 7. The learned Public Prosecutor submitted that even though no serious injuries sustained, the allegation as to commission of the above offences could be gathered from the First Information Statement. However, the learned Public Prosecutor would submit that offence under Section 3(2)(va) of the SC/ST Act would attract and as such grant of pre-arrest bail is specifically barred under Section 18 and 18A of the SC/ST Act. 8. Insofar as grant of anticipatory bail in crimes involving offences under the SC/ST (POA) Act is concerned, the law is well settled. Even after introduction of Section 18A of the SC/ST Act by way of amendment, the Apex Court held in **Prathvi Raj Chauhan v. Union of India(UOI) & Ors., [AIR 2020 SC 1036]** **CRL.A NO. 1201 OF 2023** **5** that when the prosecution allegations if constitute _prima facie_ materials to find the commission of offence under the SC/ST Act, grant of anticipatory bail is barred. 9. In this matter, no serious injuries sustained to the defacto complainant. The appellants placed Annexure A and B documents to show that they also sustained minor injuries in consequence of the push and pull. He also submitted that the appellants are ready to co-operate with the investigation. 10. On perusal of the available materials, it could be gathered that there occurred a scuffle in between the defacto complainant and the appellants and both of them sustained simple hurt. In view of the matter, the prosecution case is not fully from doubts. However, I leave the same to be investigated by the Investigating Officer, impartially. Therefore, in this case, allowing the appellants to surrender before the Investigating Officer and co-operate with the investigation, they can be enlarged on anticipatory bail. **CRL.A NO. 1201 OF 2023** **6** In the result, the appeal stands allowed and the order impugned stands set aside. The appellant is enlarged on anticipatory bail on the following conditions: - i) The appellants shall surrender before the Investigating Officer with ten days from today. On such surrender, the Investigating Officer can interrogate the appellants and can recover the weapon, if any, at the instance of the appellants and in the event of their arrest, the appellants shall be produced before the jurisdictional court on the day of arrest itself. - ii) On such production, the Special Court is directed to release the appellants on bail on executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) each by themselves and two solvent sureties to the satisfaction of the Special Judge. - iii) The appellants shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed, till the final report is filed. - iv) The appellants, shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as **CRL.A NO. 1201 OF 2023** **7** to dissuade him from disclosing such facts to the court or to any police officer. - v) The appellants are specifically directed not to involve in any crimes during the currency of bail and any such involvement or violation of the above conditions, if reported or came to the notice of the court will be a reason to cancel the bail hereby granted. ## **Sd/-** **A. BADHARUDEEN JUDGE** nkr **CRL.A NO. 1201 OF 2023** **8** **APPENDIX OF CRL.A 1201/2023 PETITIONER ANNEXURES** |**Annexure A**|**TRUE COPY OF THE PRESCRIPTIONS OF THE**| |---|---| ||**1ST PETITIONER, DATED 30/06/2023**| |**Annexure B**|**TRUE COPY OF THE PRESCRIPTIONS OF THE**| ||**2ND PETITIONER, DATED 30/06/2023**|