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2025 DAILYLAW 6876 (KER)

AKSHAY v. STATE OF KERALA

Bail Appl./5166/2025 · 2025-04-08

P V Kunhikrishnan

body2025

Judgment text

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2025:KER:30596 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 5166 OF 2025 CRIME NO.304/2024 OF ANTHIKAD POLICE STATION, THRISSUR IN SC NO.1201 OF 2024 OF SPECIAL COURT FOR SC/ST ATROCITIES ACT CASES, THRISSUR PETITIONER/ACCUSED: AKSHAY AGED 26 YEARS, S/O. PRAKASHAN, KANDANGATH HOUSE, PERINGOTTUKARA, KIZHAKKUMURI, THRISSUR, PIN – 673 611. BY ADV ANUPAMA SUBRAMANIAN RESPONDENT/STATE/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. BY ADV SEENA C, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30596 B.A No.5166 of 2025 2 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.5166 of 2025 ------------------------------- Dated this the 8th day of April, 2025 O R D E R This bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS). The offences alleged against the petitioner are under Sections 376(2)(n), 354-D, 506 and 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and also under Sections 3(2)(v), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. When this bail application came up for consideration before this Court on 04.04.2025, this Court passed the following order:- “Petitioner shall not be arrested till the next posting date. Lookout circular, if any, shall be kept in abeyance till the next 2025:KER:30596 B.A No.5166 of 2025 3 posting date. The petitioner shall surrender his passport before the Investigating Officer on Monday at 10 a.m. The Investigating Officer can interrogate the petitioner, if necessary.” 3. It is submitted that the petitioner already surrendered before the Investigating Officer. Since the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) is alleged against the petitioner, the petitioner has to move the Special Court under Section 482 of BNSS. Granting liberty to file an application before the Special Court, this bail application is disposed of. To facilitate the petitioner to file an application before the Special Court, the petitioner shall not be arrested for a period 10 days. Sd/- P.V.KUNHIKRISHNAN JUDGE AMR