A court must ensure that all relevant non-bailable offences under the SC/ST (PoA) Act are adequately considered before granting bail.

JUDGMENT

Dated this the 11th day of April, 2023 The appellant is the defacto complainant in Crime No. 86 of 2023, registered at the Munambam Police Station against respondents 1 to 3/accused, alleging commission of offences punishable under Sections 341 , 323, 324 and 294(b) read with 34 of Indian Penal Code and Sections 3(1)(e), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

2. In her complaint, the appellant alleged that, at about

7.30 p.m. on 31.01.2023, the first respondent rode his bicycle through the road in front of the appellant's house in a rash and negligent manner. When the appellant's father-in-law asked the first respondent to ride slowly and carefully, since children were playing on the road, the first respondent verbally abused appellant's father-in-law and went back to his house. A little while later, he came to the spot along with respondents 2 and 3 and abused appellant's father-in-law in filthy language. They also pushed down her mother-in-law and brother-in-law, when they tried to interfere. The 2nd respondent forcibly removed the dhoti of appellant's husband, caught hold of appellant's hair and humiliated her using her caste name. In the meanwhile, the first respondent removed a stick from the fence and beat on the head and hands of the appellant's father-in-law.

3. On registration of the crime, respondents 1 to 3 apprehended arrest and therefore, approached the Sessions Court with an application for anticipatory bail. The Sessions Court granted bail to the accused, on the premise that the only non-bailable offence is under Section 3(1)(s) of the PoA Act and the available materials are insufficient to attract that offence. This Crl.Appeal is filed seeking to set aside the order granting pre-arrest bail to respondents 1 to 3.

4. Heard, learned counsel for the rival parties and the Public Prosecutor.

5. Learned Counsel for the petitioner contended that the Sessions Court had committed grave illegality by granting anticipatory bail to the accused, without considering the impact of Section 18 of the PoA Act as also the gravity of the offences. Further, the finding that the only non-bailable offence is Section 3(1)(s) of the Act is rendered without taking into account the other offences under Sections 3(1)(e) and 3(2)(va)of the SC/ST (PoA) Act. The fact that the appellant's father-in-law had sustained traumatic head injury and hemorrhage on the right temporal region and had to be treated as inpatient at the Medical College Hospital, Kottyam from 01.02.2023 to 05.02.2023, was also not considered. According to the learned counsel, going by the weapon used and gravity of the injury suffered, the offence under Section 326 IPC is also attracted. Reliance is placed on the decision in Vilas Pandurang Pawar and Another v. State of Maharashtra and Others. [ (2012) 8 SCC 795 ] and Bachu Das v. State of Bihar and Others [ (2014) 3 SCC 471 ] to contend that the court below was duty bound to verify and find out whether the averments in the complaint prima faice made out offence under Section 3 of the SC/ST (PoA) Act. 6. Learned counsel for the accused submitted that the court below having considered all relevant aspects, before granting bail to respondents 1 to 3, no interference is warranted. It is contended that, even if the averments in the FI Statement are accepted, no offence under the SC/ST (PoA) Act is made out and the offences under the are bailable. As such, the prohibition under Section 18 of the Act is not attracted.

7. Admittedly, the crime is registered for offences punishable under Sections 341 , 323, 324 and 294(b) read with 34 of Indian Penal Code and Sections 3(1)(e), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Section 18 of the Act restricts the application of Section 438 of the Code in relation to any case involving the arrest of any person on an accusation of having committed an offence under the Act. InVi