Delay in Complaint and Prior Animosity Suggest Possible False Implication: Kerala High Court Grants Anticipatory Bail in SC/ST Case

Kerala High Court granted anticipatory bail to Sunil, the appellant in Crl.A No. 1639 of 2024, accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The court ruled that a prima facie case under the SC/ST Act was not made out and that there was a possibility of false implication due to prior animosity between the parties. The court directed the appellant to cooperate with the investigation and imposed conditions on his bail.

Sunil, an autorickshaw driver, was accused of hurling caste-based insults and physically assaulting Ajimon N.N., a fellow driver and member of a Scheduled Caste community, on June 14, 2024, at the Nagambadam Autostand in Kottayam. A First Information Statement (FIS) was filed by Ajimon almost a month later, on July 6, 2024, alleging that Sunil had verbally abused him using casteist slurs and slapped him. Sunil denied the charges and claimed that he was being falsely implicated as retaliation for a complaint he had filed against Ajimon a day after the alleged incident, accusing him of anti-social behavior.

The main legal issue was whether Sunil was entitled to anticipatory bail under Section 14-A of the SC/ST Act, which typically bars bail in such cases unless the court finds that no prima facie case is made out or the complaint is motivated by mala fides. Sunil argued that the delay in filing the complaint and the existing enmity between the parties cast doubt on the veracity of the allegations.

Justice K. Babu reviewed the case diary and examined the delay in lodging the FIS. The court observed that the parties had a history of animosity, as Sunil had filed a complaint against Ajimon on June 15, 2024, the day after the alleged incident. This suggested the possibility of false implication.

The court cited previous rulings, including Prathvi Raj Chauhan v. Union of India (2020) and Subhash Kashinath Mahajan v. State of Maharashtra (2018), which allow for anticipatory bail in cases where a prima facie case under the SC/ST Act is not established or if the complaint is deemed to be mala fide.

"On evaluation of the entire material, this Court is of the view that the possibility of false implication cannot be ruled out. Those circumstances are sufficient reasons to doubt a prima facie case to attract the offences under the Act."

The Kerala High Court granted anticipatory bail to Sunil, setting aside the Sessions Court's order denying bail. The court directed Sunil to appear before the investigating officer and cooperate with the investigation, while also instructing the investigating officer to release him on bail in the event of arrest. The court further imposed conditions to ensure that Sunil would not influence witnesses or tamper with evidence.

Date of Decision: September 30, 2024

Sunil v. State of Kerala & Anr.​.