KARPAGAVINAYAGAM, J.

( 1 ) HEARD.

( 2 ) THE question that arises for consideration in all these applications filed by the petitioners invoking Section 438 of the Code of Criminal Procedure, seeking to get the relief of anticipatory bail in the cases registered against them for the offence punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is as to whether they could claim such a relief despite the bar under Section 18 of the said Act.

( 3 ) ALL the counsel appearing for the petitioners, who filed separate applications under Sections 438 of the Code of Criminal Procedure, uniformly appealed to this Court that the petitioners are entitled to grant of anticipatory bail, in as much as the so many other persons, in other cases, accused of the similar offences, have been granted anticipatory bail by this Court on earlier occasions. They would as well produce the carbon copies of unreported orders, earlier passed by this Court.

( 4 ) MR. N. R Elango, the learned Government Advocate would raise a preliminary objection before this Court, contending that all the applications are not maintainable in-view of Section 18 of the S. C. and S. T. Act. 1989, by which the applicability of Section 438 of the Code of Criminal Procedure is totally excluded. In order to substantiate his contention, he cited various authorities rendered by this Court as well as the other High Courts and the Apex Court.

( 5 ) I have heard the submissions made by the respective counsel and gone through the citations referred by them.

( 6 ) TO deal with the arguments submitted before this Court, it will be useful to refer to the legislative history as well as the various sections of the Act and the Code of Criminal Procedure.

( 7 ) BEFORE the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was passed, the Parliament had passed on Act, known as The Protection of Civil Rights Act. 1955, to prescribe punishment for the preaching and practice of Unsociability.

( 8 ) SUBSEQUENTLY, the Parliament passed an Act known as The Untouchability

(Offences) Act. 1955 in order to make an act penal, if any person on the ground of untouchability is subjected to any disability with regard to the observance of any social or religious custom, usage or ceremony, or- taking part in any religious procession.

( 9 ) EVEN then, it was felt that atrocities committed on Scheduled Caste and Scheduled Tribes had not diminished. Therefore, the Parliament passed the Act known as The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) act, 1989.

( 10 ) THE preamble of the act is quoted below:an act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such Offences and for matters connected therewith or incidental thereto. "

( 11 ) THE Statement of objects and reasons appended to the Bill, while moving the same in the parliament, read as under: Despite various measures to improve the socioeconomic conditions of the Scheduled Castes and Scheduled Tribes, they remain vulnerable. They are denied number of Civil rights, they are subjected to various Offences, indignities, humiliations and harassment. They have, in several brutal incidents, been deprived of their life and property. Serious crimes are committed against them for various historical, social and economic reasons. .

( 12 ) FROM the reading of the preamble of the present Act, it is clear that it had been enacted to prevent the commission of atrocities against the members of the Scheduled Castes and Scheduled Tribes. Therefore, this intention has to be taken into account; while considering the various sections of the Act as well as the relevant sections of the Code of Criminal Procedure.

( 13 ) IN this context, the view expressed by Swami Vivekananda as quo