1. This appeal has been filed by the fifth accused in S.C. No. 1934/2024 on the files of the Special Court for the trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2018 (for short, 'SC/ST (PoA) Act' hereinafter), challenging the order in Crl.M.P.No. 610/2025 dated 09.10.2025, whereby the learned Special Judge dismissed the regular bail application filed by the appellant.

2. Heard the learned counsel for the appellant/5th accused, the learned Senior Public Prosecutor and the learned counsel appearing for the second respondent/defacto complainant. Perused the order under challenge, the prosecution records as well as the records produced along with this appeal.

3. In this case, the prosecution alleges commission of offences punishable under Sections 120B, 323, 324, 326, 341 and 302 read with 34 of the Indian Penal code and under Sections 3(2)(v) and 3(2)(va) of the SC/ST (PoA) Act, by the accused persons.

4. The prosecution allegation is that on account of an animosity over some dispute between one Akhil (cousin brother of the defacto complainant) and his friends with accused Nos. 1, 5 and 6 at a bar hotel in Pappanamcode, A1, A5 and A6 had suffered injuries at the hands of Akhil and his friends, A1, A2, A5 to A8 along with the 3rd and 4th accused conspired together to attack and kill the aforesaid Akhil. It is alleged that at about 5.55 p.m. Of 10.05.2024, the 3rd accused together with accused Nos. 1 and 2 arrived near Maruthoorkadavu Bridge Junction in a car driven by the 4th accused and attacked aforesaid Akhil. When the aforesaid Akhil fell down, the 1st accused picked up a concrete hollow brick and threw it on Akhil causing fatal injuries leading to his death.

5. The learned counsel for the appellant submitted that the appellant has been in custody from 12.05.2025 and the final report already filed. Therefore, further custody of the appellant is not required for any purpose. Therefore, he may be released on bail.

6. The learned Public Prosecutor strongly opposed bail to the appellant and filed a report in the instance of the Assistant Commissioner of Police, Fort Sub Division, Thiruvananthapuram City narrating the case as stated in paragraphs 3 to 7 as under:-

                  “3. It is respectfully submitted that in this regard, crime No. 528/2024 U/s 324, 302 & 34 IPC case was registered at Karamana Police Station on 10.05.2024. The case was initially investigated by Inspector SHO, Karamana Police Station, During the course of the investigation, Sections 120-B, 323 IPC and Sections 3(2)(v)(a) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 were incorporated. Subsequently the investigation of the case was conducted by then Assistant Commissioners of Police, Fort Sub Division as the section under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act attracted to this case.

                  4. It is respectfully submitted that during the course of investigation scene mahazar prepared and scientific evidences collected from the crime scene. Statements of the witnesses recorded. CCTV footage from various locations, including the crime scene showing the brutal assault, was obtained and examined. Inquest was conducted, and the post-mortem examination revealed that the accused persons inflicted 52 fatal injuries on the deceased, including fractures of the sternum and ribs. The conveyance and the weapons used by the accused persons to commit the aforementioned crime were seized. Based on the findings and evidence collected, accused persons 1 to 8, including the petitioner, were arrested from their hideouts at regular intervals and remanded to judicial custody. Evidence, including samples collected from the body of the deceased and the accused persons, as well as the clothing worn by the accused persons at the time of the crime, has been sent to the Forensic Science Laboratory (FSL) for examination through the Honourable Court. All the document and evidences collected during the period of investigation have been submitted before the Honourable Court on time. After completing a fair and fruitful investigation within the stipulated time, the charge sheet was submitted before the Honourable Special Court for the Trial of Offences under the SC/ST (POA) Act, Nedumangadu on 08.08.2024 and the same has been numbered as SC.No.1934/2024.

                  5. It is respectfully submitted that during the course of investigation, it has been revealed that the petitioner had harboured deep-seated animosity towards the deceased, Akhil, arising out of an altercation that occurred on 26.04.2024 at White Dammar Bar, Pappanamcode. The investigation has unequivocally established the active involvement of the petitioner in the criminal conspiracy. The CCTV footage, CDR verification, and tower location records conclusively place him at the location where the conspiracy was formulated and the plan executed. The Honourable Court kindly be noted that the petitioner committed the present offence while on bail in the said prior murder case.

                  6. It is respectfully submitted that the antecedents of the petitioner further reveal that he is a habitual offender, exhibiting a continued propensity to engage in grave and violent offences with ruthless intent and merciless execution. The petitioner was previously arrayed as the 3rd accused in Crime No.535/2019 of Karamana Police Station, registered under Sections 120(b), 364, 302, 201, and 34 of the Indian Penal Code, read with Sections 3(2)(v) and 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The said case is presently pending trial before the Honourable Special Court for the Trial of Offences under the SC/ST (POA) Act, Nedumangadu, as S.C. No.811/2019, and the matter stands posted to 14.11.2025 for further proceedings. Apart from the aforesaid grave case, the petitioner has also been involved in the following other crime cases.

                  1. Karamana P.S Cr.109/2018 U/s 294(b), 323 r/w 34 IPC.

                  2. Karamana P.S Cr.852/2022 U/s 294(b), 323, 324, 447, 427 г/w 34 IPC.

                  3. Nemom PS Cr. 787/2024 U/s

294(b),323,325,506,34 IPC.

                  7. It is respectfully submitted that the Investigation has further revealed that the petitioner and his co-accused are closely associated, with a history of committing offences together, including the earlier murder case. All the accused persons involved in the aforesaid murder case were also implicated in the prior murder case registered at Karamana Police Station as Crime 535/2019. The petitioner's prior experience in criminal conduct and his strong association significantly facilitated the conspiracy and execution of the murder. The present crime was the result of meticulous planning and premeditation, reflecting the petitioner's criminal propensity and his dangerous association with the co-accused.

7. Accordingly, the learned Public Prosecutor submitted that the accused has involvement in four crimes, apart from the present crime and out of which, Crime No. 535/2019 of Karamana Police Station is also a case of murder of a member of the SC/ST community. Therefore, the appellant, if released on bail, he would repeat very serious crimes including murder. Therefore, he cannot be released on bail and trial should be ensured keeping the appellant in custody.

8. The learned Public Prosecuter produced a copy of the judgment in Crl.A. No. 1425 of 2025 dated 24.10.2025, whereby this Court dismissed the appeal, at the instance of the fourth accused, seeking bail, where the 4th accused challenged the dismissal of his bail petition by the Special Court. Similarly, this Court dismissed the appeal at the instance of the third accused, as per the judgment dated 22.09.2025 in Crl.M.C. No.1727 of 2024.

9. The learned counsel appearing for the second respondent zealously opposed the bail application plea of the appellant on the submission that the appellant is a hardcore criminal and this is the second murder case in which he has been involved. It is also submitted by the learned counsel appearing for the second respondent that if the appellant would be released on bail, the life and liberty of the defacto complainant and his family would be in peril and therefore, the appeal is liable to be dismissed confirming the order of the Special Court.

10. Having gone through the gist of the case, on par with the submissions made, the specific case against the appellant/fifth accused is that he, after conspiring with the other accused persons and due to animosity towards the cousin brother of the defacto complainant, in continuation of a quarrel in a bar hotel in Pappanamcode and as part of the conspiracy, all the accused, caused the death of Akhil. It is very pertinent to note that this is the second case of murder registered against the appellant and he had involvement in a similar case of murder where also the victim was a member of the Scheduled Caste community, as discernible from the report of the Investigating Officer. That apart, he has involvement in multiple crimes as reported by the Investigating Officer and submitted by the learned Senior Public Prosecutor. After all, the apprehension expressed by the defacto complainant, regarding the threat to the life of the defacto complainant, his family members and the family members of the deceased Akhil, is a matter to be seriously taken note of. In the said circumstances, the appellant herein does not deserve the grant of regular bail and the trial has to proceed, keeping him in custody.

11. In view of the matter, the order dated 09.10.2025 in Crl.M.P. No. 610 of 2025 in S.C.No. 1934 of 2024 of the learned Special Judge, Nedumangad is liable to be confirmed.

                  In the result, this appeal fails and the same is dismissed with a direction to the learned Special Judge, Nedumangad to expedite the trial in S.C.No.1934 of 2024, arising from Crime No.528 of 2024 of Karamana Police Station and complete the same, within a period of six months from the date of receipt of a copy of this judgment.