The court highlighted the bar under Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against anticipatory bail in cases where allegations have been made.

J U D G M E N T

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The appellant, who is the sole accused in Crime No.476/2023 of Kurathikad Police Station of Alappuzha District, has filed this Criminal Appeal invoking Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , aggrieved by the order dated 10.08.2023 of the Court of the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (Sessions Judge), Alappuzha rejecting his application for anticipatory bail.

2. The prosecution alleged that on 31.07.2023 at

3.30 pm, the accused demanded the de facto complainant to return the money which the de facto complainant had borrowed from him. When the de facto complainant replied that she will return the amount within two days, the accused wrongfully restrained her by catching hold on her neck and beat on her cheek and shoulder using hands, causing several injuries including loosening of tooth. The appellant is also alleged to have abused the de facto complainant by calling her caste name. Consequently, Crime No.476/2023 was registered in Kurathikad Police Station.

3. The appellant filed Crl.M.P. No.3371/2023 in the Court of the Special Judge invoking Section 438 Cr.P.C., seeking anticipatory bail. The Special Judge found that this is a case in which there is allegation of commission of offences under Sections 3 (1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 . Offences under Sections 341, 323 and 325 IPC are also alleged. The de facto complainant has succeeded in showing that on 31.07.2023 at 8 pm, she sought medical aid from the hospital with alleged history of assault. The Special Judge also found that there is specific embargo under Section 18A in invoking jurisdiction under Section 438 Cr.P.C. Prima facie materials pointing out the guilt of the appellant are available. The Special Judge therefore dismissed the application for anticipatory bail. 4. The counsel for the appellant urged that admittedly the appellant and the informer are neighbours known to each other for quite a long time. The motive behind the complaint is that the complainant had borrowed money from the appellant. When the money was not returned, there occurred altercation of words and consequent push and pull between the parties. It is clear that no offence under the will be attracted.

5. The counsel for the appellant further submitted that going through the prosecution case, no prima facie case is made out and the other IPC offences are bailable in nature. The appellant is a 79 year old person and the incident is a result of sudden and grave provocation. Both sides have sustained injuries. If the appellant is arrested and detained in custody, that would cause untold hardship in view of the old age of the appellant.

6. The Public Prosecutor opposed the Criminal Appeal. The Public Prosecutor submitted that the complaint was filed with regard to the incident without delay. There are hospital records evidencing that the de facto complainant was injured by the appellant. Offences under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are made out and there is a specific prohibition under Section 18A of the Act for invoking the jurisdiction under Section 438 Cr.P.C. In the circumstances, the appeal preferred by the appellant is only to be dismissed.

7. I have heard the learned counsel for the appellant and the learned Public Prosecutor representing the respondent.

8. The allegation of the de facto complainant is that on 31.07.2023 at 3.30 pm, on a road lying in front of the house of the de facto complainant, the appellant demanded to return the money which the de facto complainant had borrowed from him. When the de facto complainant replied that she will return the money within two days, the accused wrongfully restrained her by catching hold on her neck and beating on her cheek and shoulder causing several inju