Anticipatory bail is barred under SC/ST (POA) Act when prima facie evidence of crimes is established, necessitating custodial interrogation.

JUDGMENT

Dated this the 25th day of October, 2022 This appeal arises out of dismissal of Crl.M.C No. 1775/2022 in Crime No. 551 of 2022 of Aryanad Police Station, where the prosecution alleges commission of offences under Sections 294 (b), 451, 341, 323, 324, 327 and 506(i) read with 34 of Indian Penal Code as well as under Section 3(1)(r)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act herein after referred as SC/ST (POA) Act, for convenience.

2. Heard the learned counsel for the appellants and learned Public Prosecutor as well as the defacto complainant who appeared in person before this Court. The prosecution case runs as under.

3. The prosecution alleges that accused Nos. 1 to 3 who do not belong to SC/ST community on 02.08.2022 at about 5.30 pm trespassed upon the courtyard of the house of the defacto complainant, who belonged to Scheduled Caste community, abused him and thereafter the accused called his caste name with intention to humiliate him within public view. Prosecution would allege that accused Nos. 1 to 3 manhandled the defacto complainant with intention to do away him since the defacto complainant demanded Rs.10,000/- agreed to be paid as commission for unloading of sand, as he mediated the same.

4. It is submitted by the learned counsel for the appellants that, prima facie case to find commission of offences under the SC/ST (POA) Act could not be read out from the prosecution records and therefore the statutory bar under Section 18 and 18A of the SC/ST (POA) Act will not attract in this case.

5. Per contra, the learned Public Prosecutor vehemently opposed the submissions and argued that, prima facie, offences under the SC/ST (POA) Act are made out and therefore the bar would operate. He also submitted that though initially offence under Section 307 of Indian Penal Code was not incorporated, on getting statement of the Doctor and the Treatment Certificate showing serious head injury, the offence under of IPC also was incorporated therefore arrest, custodial interrogation and recovery of weapon are necessary to accomplish meaningful investigation as well as successful prosecution.

6. The defacto complainant appeared and zealously opposed the bail on the submission that he was brutally manhandled when he demanded Rs.10,000/- offered as commission as he had arranged the same as a mason who had acquaintance in the matter of unloading of sand. According to him since the accused beaten his head by using a stone, he sustained serious head injury and underwent inpatient treatment from 02.08.2022 to

05.08.2022.

7. I have perused the statement of the Doctor as well as the Treatment Certificate. The same would show that, on the date of occurrence itself the defacto complainant was admitted at Medical College Hospital and he was treated for a period of three days as he submitted. The diagnosis is “assault – traumatic brain injury, acute minimal subarachnoid hemorrhage (R) temporal sulci”. It appears that in tune with the FIS given by the defacto complainant the medical document also substantiate the prosecution case prima facie and in this case, offences under the SC/ST (POA) Act also would attract.

8. It is settled law that grant of anticipatory bail in offences under the SC/ST (POA) Act is specifically barred under Section 18 and 18A of the act.

9. Even after amendment and incorporation of Section 18 A , a three bench of the Apex Court considered the impact of Section 18 and 18-APrathvi Raj Chauhan v. Union of India (UOI) and Others [ 2020 (2) KHC 423 : AIR 2020 SC 1036 : (2020) 4 SCC 727 : MANU/SC/0157/2020] and it was held that as far as the provision of Section 18 -A and anticipatory bail is concerned, the judgment of Mishra,J. has stated that in cases where no prima facie materials exist warranting arrest in a complaint, the court has the inherent power to direct a pre-arrest bail. Therefore, the law is no more res integra on the point, when the prosecution allegation make a