JUDGMENT

Dated this the 23rd day of May, 2022.

This appeal is directed against an order passed by Court of Sessions, Ernakulam in Crl.MC. No.856/2022. Crl.M.C. 856/2022 is an application filed by the appellants as accused No.1 and 2 in Crime No.217/2022 of Kutampuzha Police Station under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking pre- arrest bail. Said application was dismissed by the court below for the reason that Section 18A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short SC/ST (POA) Act) provides for a bar against exercise of jurisdiction under Section 438 Cr.P.C in a crime stands registered for offences coming within the purview of the Act.

2. This Court has directed the learned Public Prosecutor to furnish a copy of the FIS. The learned Public Prosecutor has read the FIS in full. It is doubtful, whether the allegations raised would attract offences under the SC/ST (POA) Act. In the above circumstances, the court below is erred in holding that the bar under Section 18A(2) of the SC/ST (POA) Act will operate in the case.

3. In the result, the Crl.Appeal stands allowed. The order passed in Crl.M.C