Kerala High Court on Grant of Bail in SC/ST Atrocities Case.

Headnote:

The Kerala High Court granted bail to two accused charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court observed that the investigation had substantially progressed and the appellants had remained in custody for over a month. Considering these factors, it held that their continued detention was unwarranted and allowed the appeal, subject to strict bail conditions to ensure non-interference with the investigation or witnesses.

Background:

• The appellants, accused Nos. 2 and 4, were arrested in Crime No. 1111/2025 of Enath Police Station, Pathanamthitta for allegedly assaulting the de facto complainant with an iron rod, hurling obscene words, and damaging his autorickshaw on 28.09.2025.

• They were charged under Sections 296(b), 115(2), 118(1), 351(2), 110, 324(4), 189(2), 191(2), 191(3), and 190 of the Bharatiya Nyaya Sanhita, 2023, along with Sections 3(1)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989.

• The Special Court (Atrocities against SC/ST), Pathanamthitta, had rejected their bail application on 28.10.2025. Aggrieved, the appellants approached the High Court seeking bail.

Court’s Observations:

• The Court noted that both appellants had been in custody since 29.09.2025 and 30.09.2025 respectively, and the investigation had already advanced significantly.

• It observed that prolonged detention was unnecessary at this stage, provided adequate safeguards were imposed.

• The Court emphasized that bail should not be denied mechanically once the investigation has reached a substantial stage and the possibility of tampering with evidence is low.

• It imposed stringent conditions to ensure that the appellants do not influence witnesses, commit similar offences, or abscond during the bail period.

• The jurisdictional court was also empowered to modify or revoke bail conditions in case of any violation.

Legal Provisions Discussed

• Sections 296(b), 115(2), 118(1), 351(2), 110, 324(4), 189(2), 191(2), 191(3), and 190 — Bharatiya Nyaya Sanhita, 2023 – Offences relating to assault, intimidation, and causing hurt.

• Sections 3(1)(s) & 3(2)(va) — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Offences of intentionally insulting or intimidating a member of SC/ST community and enhanced punishment for such offences.

• Section 439 — Code of Criminal Procedure, 1973 – Special powers of High Court or Court of Session regarding bail.

Citation: 2025:KER:84696

Case: Jomon Joseph & Anr. v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Hon’ble Mr. Justice Bechu Kurian Thomas

Date of Decision: 07 November 2025

Criminal Appeal No.: Crl.A No. 2035 of 2025