J U D G M E N T

Dated this the 13 th day of January, 2022 This is an appeal filed u/s 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the SC/ST Act) against the dismissal of anticipatory bail application filed by the appellant.

2. The appellant is the accused in Crime No.110/2021 of Balussery Police Station. The offences alleged are under Sections 341, 325, 506 of IPC and S 3(1)(s) and 3(2)(va) of the SC/ST Act.

3. The prosecution case in short is that on 27/1/2021 at 1.00 p.m, the accused who is a member of the Scheduled Caste insulted the de facto complainant who is not a member of Scheduled Caste by calling his caste name, wrongfully restrained and threatened to kill him and further kicked on his chest and thereby committed the offence.

4. The appellant moved an application as Crl.M.C.No.974/2021 at the Sessions Court, Kozhikode u/s 438 of Cr.P .C. seeking pre-arrest bail. The learned Sessions Judge dismissed the said application as per the impugned order holding that the application is not maintainable in view of Section 18 of the SC/ST Act. The said order is under challenge in this appeal.

5. Notice has been issued to the vic