Anticipatory bail cannot be granted under SC/ST (POA) Act if prima facie evidence substantiates serious charges.

Dated, this the 18th October, 2022 This is an appeal arises out of order in Crl.M.P.No.605/2022 on the file of the Special Court for the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Mannarkkad, dismissing anticipatory bail plea at the instance of the appellant herein, who is the sole accused in Crime No.296/2022.

2. Since this matter involves commission of offences under the SC/ST (POA) Act, a notice to the de-facto complainant was issued as mandated under Section 15A(3) of the SC/ST (POA) Act. On getting notice Adv.Vinod S.Pillai appeared for the de-facto complainant.

3. Heard the learned counsel for the appellant, the learned counsel for the de-facto complainant as well as the learned Public Prosecutor.

4. In this matter, prosecution allegation is that on 12.05.2022 at about 14:30 hrs, the accused herein, who does not belong to Scheduled Caste or Scheduled Tribe, manhandled the de-facto complainant, who is the member of the Scheduled Caste community, when he intervened in the action of the accused in throwing stone against his cow, which was on the farm owned by the de-facto complainant. The specific allegation is that the accused beat on the forehead and neck of the de- facto complainant by using a stone and when the de-facto complainant fell down, he beat on his hand. When he attempted to wake up, his dhoti was removed by the accused and put it on his neck. On hearing his cry, his mother reached the place of occurrence and the accused called the caste name of the mother of the de-facto complainant, within public view. The further statement is that when the de-facto complainant was examined by the doctor, it was found that he had sustained fracture on his finger. Initially, alleging crime under commission of offences under Section 341, 324, 294(b) IPC and section 3(1)(r)(s), 3(2)(va) of SC/ST (POA) Act. However, it is discernible from the case diary that based on the finding of the wound certificate that the de-facto complainant sustained fracture P1 and offence under Section 326 also was added in this case. 5. While canvassing anticipatory bail, it is submitted by the learned counsel for the appellant that no prima facie case made out in this case and, therefore, the bar under Section 18 and 18A of the SC/ST (POA) Act has no applications in the present case.

6. In order to substantiate the said contention, the learned counsel submitted that the de-facto complainant herein, manhandled the accused and for which he lodged a complaint on the date of occurrence on 12.05.2022 itself before the Circle Inspector, Mankara Police Station, Palakkad, but no crime registered and the police stalled the registration of the crime, acting on the complaint of the accused. Later, when the police was forced to register crime on the complaint of the accused, Police registered the present crime against the accused, also was a counter case. According to the learned counsel, on earlier occasions also there were cases and counter case in between the parties.

7. The learned counsel also given emphasis to the copy of wound certificate in relation to the accused, to show the injuries he sustained in the occurrence, due to overtacts at the instance of the de-facto complainant.

8. The learned counsel for the de-facto complainant zealously opposed the anticipatory bail highlighting that, in this case, prima facie the offences alleged under Section 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Act is well made out. Apart from another non-bailable offences under Section 326 of IPC also is made out.

9. In view of the matter, grant of anticipatory bail is specifically barred. Therefore, the order impugned is liable to be confirmed.

10. The learned Public Prosecutor also opposed the bail by sharing the arguments put up by the learned counsel for the de-facto complainant highlighting arrest, custodial interrogation and recovery of the weapon alleged to be used by the accused in the offences involving Section 326 of IPC also.

11. Th