Pre-arrest bail can be granted where charges are not applicable based on the accused's social status as verified by genuine documentation.

ORDER

Dated this the 12th day of August, 2022 This appeal is filed against an order passed by 1st Additional Sessions Court, Thrissur (for short ‘the court below’) on 11.07.2022 in Crl.M.C.No.850/2022.

2. The above Crl.M.C.No.850/2022 was filed seeking for pre-

arrest bail under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’). Pre-arrest bail was sought in Crime No.389 of 2022 of Irinjalakuda Police Station registered for the offences punishable under Sections 143 , 147, 148, 341, 323, 324, 326 and 308 r/w Section 149 of the Indian Penal Code, 1860 and Sections 3 (2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST (POA) Act’).

3. The case of the prosecution was that on 16.04.2022 at 7.00 pm the accused, 6 in numbers wrongfully restrained the defacto complainant at a road at Velayanad Colony and voluntarily caused grievous hurt and hurt to the defacto complainant by means of dangerous weapons. It was further alleged that the accused also attempted to commit culpable homicide of the defacto complainant. The court below has dismissed the application seeking pre-arrest bail for reasons of gravity involved in the offences.

4. Aggrieved by the order passed in Crl.M.C, petitioner has approached this Court in the appeal on hand. According to Sri.Leo Lukose, the appellant/petitioner is not a member of a higher caste but only a member of a Scheduled Caste. According to him, the community certificate produced alongwith the petition on hand obtained from Taluk Office, Mukundapuram establishes the factum and therefore, the offence under Section 3 (2) (va) would not be attracted.

5. This Court has asked the learned Public Prosecutor to verify the genuineness of the certificate produced by the appellant. The learned Public Prosecutor after holding necessary enquiry submitted that the community certificate produced is a genuine one and the appellant is a member of SC community.

6. In the above circumstances, as rightly pointed out by the learned counsel for the appellant, the offence under Section 3 (2) (va) of SC/ST (POA) Act would not be attracted and therefore, the bar under Section 18 against exercise of jurisdiction under Section 438 Cr.P.C will not also be attracted. Eventhough an offence under Section 308 IPC is incorporated in the Crime, 2nd accused was alleged as responsible for using the deadly weapon and causing the injury on the forehead of the defato complainant. As far as the petitioner is concerned, he has only restrained the complainant at the time of commission of the offence.

In the result, Crl.Appeal is allowed. The investigating officer is directed to release the appellant on bail in the event of his arrest on execution by him of a bond for Rs.1,00,000/- with two solvent sureties each for the likesum to the satisfaction of the arresting officer and also on the following conditions :-

1) The appellant shall appear before the investigating officer for interrogation as and when required, in writing. He shall co-operate with

the investigation of the case.

2) The appellant shall not influence the witnesses or tamper with evidence.

3) The appellant shall not repeat crimes of similar nature or crimes of other natures.

4) The appellant shall appear and co-operate with the proceedings of the case before the trial court after filling of a final report in the crime.

In case of violation of any of the above conditions, the Investigating Officer is at liberty to approach the court below for cancellation of bail.