A bail application must be considered without requiring initial arrest under the SC/ST Atrocities Act.

O R D E R

Dated this the 20^th day of March, 2025 The petitioner herein is the sole accused in S.C.No.763/2024 pending before the Special Court for offences under S.C./S.T. Prevention of Atrocities Act, Kottarakkara. The short grievance of the petitioner is that, Annexure-A6 bail application preferred by the petitioner has not been considered by the Special Court; instead, a non-bailable warrant has been issued against him.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Though notice was served on the defacto complainant/3^rd respondent, there is no appearance/representation before this Court.

3. Learned counsel for the petitioner would submit that the final report has already been filed and the petitioner filed a bail application vide Annexure-A6 before the trial court. However, the bail application is not numbered on the premise that the petitioner has to be arrested first, on which occasion only he can prefer an application for regular bail.

4. Having heard the learned counsel appearing for the petitioner, as also, the Public Prosecutor, this Court is of the opinion that Annexure-A6 bail application has to be numbered and heard by the learned Special Judge. Necessary orders therein should also be passed. It cannot be a pre-condition that the petitioner should first be arrested, whereafter only Annexure-A6 application will be heard. When the investigation is complete and the final report is filed, there cannot be, and need not be, an arrest for the sake of arrest, unless such arrest is required for some purpose in consonance with law.

5. In the circumstances, there will be a direction to the learned Special Judge to consider and pass orders in Annexure-A6 bail application and to keep the non-bailable warrant issued against the petitioner in abeyance until such orders have been passed. Needless to say that, if the bail application is allowed, the non-bailable warrant will be withdrawn; and if the same is dismissed, the warrant can be enforced, subject to such other remedies open to the petitioner at that point of time against issuance of the warrant.

The Criminal Miscellaneous Case is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE TR APPENDIX OF CRL.MC 846/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE CASE FILE IN ORIGINAL PETITION (CRIMINAL)NO.823 OF

2024 DATED 21.11.2024 FILED BEFORE THE HON'BLE HIGH COURT OF KERALA Annexure A2 A TRUE COPY OF THE JUDGMENT IN O.P(CRIMINAL)NO.823 OF 2024 OF THE HONOURABLE HIGH COURT OF KERALA DATED

09.01.2025 Annexure A3 A TRUE COPY OF THE CHARGE SHEET DATED

23.05.2024 IN S.C.NO.763 OF 2024 ON THE FILES OF THE SPECIAL COURT OF KOTTARAKKARA FOR CASES UNDER SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT Annexure A4 A TRUE COPY OF THE MEMO DATED IN

15.12.2024 FILED IN S.C.NO.763 OF 2024 ON THE FILES OF THE SPECIAL COURT OF KOTTARAKKARA FOR CASES UNDER SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT.

Annexure A5 A TRUE COPY OF THE SCREEN SHORT OF E-

COURT PROCEEDINGS OF THE SPECIAL COURT FOR SC/ST CASES OF KOTTARAKKARA DATED ON 16.12.2024 Annexure A6 A TRUE COPY OF THE E-FILED BAIL APPLICATION DATED 24.10.2024 PENDING BEFORE THE SPECIAL COURT FOR SC/ST CASES OF KOTTARAKKARA