An appeal regarding interlocutory orders concerning bail under the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act is not maintainable.

J U D G M E N T

Dated this the 9th day of October, 2023 The appellant is the defacto complainant in Crime No.698 of

2023 of Muvattupuzha Police Station. The crime was registered for the offences punishable under Sections 3(1)(s) and 3(2)(va) of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The accused moved application for anticipatory bail.

The defacto complainant also appeared in the proceedings and objected to grant of bail.

3. Before the Sessions Judge, the Public Prosecutor filed report stating that there is no material to show that the petitioners are involved in the alleged commission of non-bailable offence. In view of the above submission, the Sessions Judge found that the petition under Section 438 Cr.P.C has become redundant and hence the petition was closed. This appeal has been filed under Section 14A of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act by the defacto complainant challenging the order closing the application for anticipatory bail.

4. Counsel for the appellant urged that during the time of atrocities and assault committed by the accused persons against the appellant and his sister with deadly weapons, the police party was present in the scene and the police party was reluctant to interfere in the matter. Since all the accused are hailing from the ruling party and they have got enough political backup, the SHO fears to act against the accused. Order now passed by the Court of Session, Ernakulam Division is therefore liable to be set aside.

5. The Public Prosecutor, on instructions from the Deputy Superintendent of Police, Muvattupuzha, submitted that investigation in Crime No.698 of 2023 was conducted in proper manner and submitted Charge Sheet before the District and Sessions Court, Ernakulam on 26.07.2023 against accused 1 to 7 under Sections 341, 323 and 34 IPC and Section 3(2)(va) of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities)

Act, 1989.

6. I have heard the learned Counsel for the appellant and the learned Public Prosecutor.

7. The Sessions Court, Ernakulam Division closed Crl.M.C No.1325 of 2023 filed seeking anticipatory bail, finding that as of now there is no material to show that the petitioners in the bail application are involved in the alleged commission of non bailable offence. This appeal has been filed invoking Section 14A of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act against the said order.

8. As per Section 14A(1), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law. The order impugned in this appeal is not a final order. It is rather an order of interlocutory nature.

Therefore, no appeal will lie under Section 14A(1).

9. As per Section 14A(2), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. The order impugned is not one either granting bail or refusing bail.

In such circumstances, the appeal itself is not maintainable.

Furthermore, I find that a Charge Sheet has already been filed in the crime. In view of the afore facts, the Criminal Appeal is dismissed.