The High Court of Kerala heard an appeal challenging a dismissal of anticipatory bail under section 3 of SC/ST (POA) Act. The single-judge bench directed the appellant to surrender within three weeks and then consider bail, allowing the appeal.
Appellant directed to surrender within three weeks; regular bail shall be considered on prohibition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
CRL.A NO. 330 OF 2021 (C)
CRIME NO.57/2021 OF ATHOLI POLICE STATION, KOZHIKODE
AGAINST THE ORDER IN CRMC 402/2021 OF SESSIONS COURT, KOZHIKODE
APPELLANT/ACCUSED:
HARIDASAN, AGED 60 YEARS, S/o GOPALAN, THALAKOT, KAINGALY THAZHE HOUSE, ULLIYERI DESOM AND VILLAGE, KOYILANDI TALUK.
BY ADVS. M.PROMODH KUMAR SMT.MAYA CHANDRAN
RESPONDENTS/STATE & VICTIM:
1 STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, ATHOLI POLICE STATION, ATHOLI, KOZHIKODE RURAL, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-680 031.
2 XXX XXX
BY PUBLIC PROSECUTOR SMT.S.SEETHA
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl. Appeal No.330 of 2021
2
JUDGMENT
According to the prosecution, the accused caught hold
on her breast through backside and attempted to kiss her.
The accused is aged 60 years. The anticipatory bail
application is seen dismissed by a two line order, which is extracted below:
“ Heard. The offences alleged against accused
are punishable u/s 3 of SC/ST (POA) Act. The petitioner is not aware of the caste of the defacto complainant. Ignorance is not an excuse in law. Hence the petition is not maintainable u/s 18 and 18A of the Act.
CMC is dismissed accordingly.”
not come into play, unless it is done with the knowledge
that the victim belongs to the community specified in the special enactment and it is not the ignorance of law, but
an ignorance of fact. The distinction was not properly understood by the Sessions Judge.
Crl. Appeal No.330 of 2021
3
a direction to the petitioner to surrender before the trial court within three weeks from today and on such surrender, the regular bail application, if any moved, shall be considered on the same day since the offence alleged are not so grave.
With that direction, the Criminal Appeal is hereby
dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl. Appeal No.330 of 2021
4
APPENDIX OF CRL.A 330/2021
APPELLANT'S ANNEXURE
ANNEXURE 1 THE TRUE COPY OF THE DISCHARGE CARD ISSUED FROM THE GOVT. GENERAL HOSPITAL, TRIVANDRUM. ANNEXURE 2 TRUE COPY OF THE PRESCRIPTION ISSUED FROM GOVT. MEDICAL COLLEGE, KOZHIKDOE DATED 19.04.2021.
RESPONDENTS' ANNEXURE NIL
// TRUE COPY //
P.A. TO JUDGE
2 issues framed by the court
Whether the appellant, ignorant of the complainant's caste, could be held guilty under section 3 of SC/ST (POA) Act.
Whether the anticipatory bail dismissal warranting surrender was appropriate given the non-gravely nature of the offence.
HARIDASAN
STATE OF KERALA
XXX XXX
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
