ORDER

5.10.2004 — Heard Mr. S. S. Ray, learned counsel for the petitioner and learned Addl.Govt. Advocate.

The petitioner, who has been arrayed as an accused in G.R. Case No.2218 of 2004 of the Court of the learned S.D.J.M., Bhuba¬neswar u/s 506, I.P.C. and 3 of the S.C. & S.T. (P.A.) Act has prayed for anticipatory bail U/s. 438, Cr.P.C.

Learned counsel for the petitioner submits that no prima facie case is made out for any of the offences alleged particu¬larly for the offence u/s. 3 of the S.C. & S.T. (P.A.) Act and so the petitioner should be allowed anticipatory bail. He submits that in the afore-mentioned situation the bar provided u/s. 18 of the S.C. & S.T. (P.A.) Act will not apply.

Learned Addl. Govt. Advocate, on the other hand submits that accusation having been made for an offence under S.C. & S.T. (P.A.) Act, the bar u/s. 18 of the Act squarely applied and no anticipatory bail can be granted.

The copy of the F.I.R. indicates that some unknown person extended threat and abused the M.L.A. - informant over mobile telephone and the mobile telephone from which the call had been made was the mobile telephone of the petitioner. Section 18 of the aforesaid Act reads thus :

“Not