A court cannot grant pre-arrest bail in cases involving non-bailable offences under the SC/ST (POA) Act, even if related IPC offences are bailable.

JUDGMENT

Dated this the 2nd day of December, 2021 This appeal is directed against an order passed by Court of Sessions, Thrissur (for short ‘the court below’) on 06.10.2021 in Crl.M.C.No.1525/2021. Appellants are accused in Crime No. 613/2021 of Anthikkad Police Station, Thrissur, registered for offences punishable under Sections 447 , 341, 323, 324, 294(b), 506 r/w 34 of the Indian Penal Code and Sections 3 (1)(s) and 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST (POA) Act’). They applied for pre-arrest bail before the court below and vide order passed on 06.10.2021 dismissed the application and declined to grant pre-arrest bail to them. According to the court, it is not empowered to exercise jurisdiction under Section 438 Cr.P.C in a case involving offences under the SC/ST (POA) Act, 1989.

2. It is contended by the learned counsel for the appellants that all the offences under the IPC and incorporated in the FIR are bailable ones. According to him Section 3 (2) (va) of SC/ST (POA) Act is also related to those offences and nothing has been mentioned in the impugned order about (1)(s) of SC/ST (POA) Act.

3. This Court also notices from the statement filed by the learned Public Prosecutor that Section 3 (1)(s) is also there among the offences alleged. For the reason that the court below has omitted to mention that in the impugned order, the appellants cannot contend that the offence is not attracted. When the crime registered is evidenced as incorporated (1)(s) also the bar under Sections 18 and 18 A of the SC/ST (POA) Act would operate.

The court below has correctly dismissed the application.

Criminal Appeal fails for the reasons and is dismissed.

The learned counsel submitted at this juncture that the appellants are ready to surrender before Anthikkad Police Station, Thrissur. In that event, they shall be interrogated and produced before the jurisdictional court after arresting them. On application being made by them seeking bail, the court where they are produced shall consider the same on being convinced of the solvency of sureties furnished by them and pass orders in accordance with law. The appellants in that event shall extend all co-operation to the investigation.