JUDGMENT

Dated this the 16th day of June, 2022 This Criminal Appeal is filed challenging an order passed by Court of Sessions, Kasaragod (for short ‘the court below’) in Criminal M.P. No.967/2022. The above Crl.M.P. was filed under Section 438 of the Code of Criminal Procedure , 1973 (for short ‘Cr.P.C.’) seeking for pre-arrest bail by accused 1 and 2 in Crime No. 134/2022 of Nileshwaram Police Station. Originally in Crime No.134/2022 registered at Neeleswaram Police Station, the offences under Sections 341,323, 324, 294(b), 354A(1)(iv) read with Section 34 of Indian Penal Code, 1860 (for short ‘the IPC’) and Section 3 (1) (s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short ‘SC/ST (POA) Act’) were incorporated. Later on investigation was proceeded with and by report of the Investigating Officer (1) (s) was removed from the purview of the investigation. Therefore, the only offence under the SC/ST (POA) Act now stands alleged against the appellants is one under (2) (va). The court below has dismissed the application seeking pre-arrest bail, for the reason that in view of Section 18 and 18-A of SC/ST (POA) Act, it is barr