High Court jurisdiction is excluded under the SC/ST (PoA) Act for pre-arrest bail applications.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the sole accused in Crime No.27/2026 of Kanakakunnu Police Station, Alappuzha District. The offences alleged are punishable under Sections 118 (1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 ( for short ‘ BNS ’) and Sections 3 (1) (za)(A), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST (PoA) Act’).

3. I have heard Sri.B.Renjithkumar, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

4. Originally, the offences under Section 118 (1) and

118(2) of the BNS alone were incorporated. Therefore, the applicant filed a pre-arrest bail application before the Sessions Court, Alappuzha as B.A. No.110/2026. It was dismissed on merits as per Annexure A4 order. It is thereafter the applicant has approached this Court. It appears that in the meanwhile, the offences under the SC/ST (PoA) Act mentioned above were also incorporated. It is settled that an application for bail can be filed under the SC/ST (PoA) Act only before the Special Court or the Exclusive Special Court. The original jurisdiction of the High Court or the Sessions Court under Section 438 of Cr.P.C. is excluded (See Basheer K.M and Others v. Rajani K.T. and Others , 2022 (6) KHC 619 ). Hence, this bail application is not maintainable before this Court.

Accordingly, this bail application is dismissed with liberty to the applicant to approach the Special Court with an application for regular bail. If such an application is filed, the Special Court is directed to dispose of the same in accordance with law.

Sd/-