Anticipatory bail can be granted under the Atrocities Act if a prima facie case is not established or the complaint is malafide.

ORDER

1. This petition is filed under Section 438 of the Code of Criminal Procedure .

2. The petitioners herein are the accused Nos. 1 to 4 in Crime No.364 of 2018 of the Kattappana Police Station registered under Sections 447, 294(b), 506, 365 r/w. Section 34 of the IPC and Section 3 (1)(s), 3(2)(iv) and 5(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

3. Heard the learned counsel appearing for the petitioners as well as the learned Public Prosecutor.

4. The learned Public Prosecutor has invited the attention of this Court to the decision of this Court inAjan G. Krishnan v. State of Kerala [ 2017 (1) KLT 488 ] and contended that only the Special Court constituted under Section 14A of the Act can have jurisdiction to entertain an application for bail with respect to the offences committed under the Act.

According to the learned Public Prosecutor, the petitioners will have to approach the Special Court and seek appropriate orders.

5. The learned counsel appearing for the petitioners, on the other hand, referred to the recent decision of the Supreme Court inDr.Subhash Kasinath Mahajan vs. State of Maharashtra and another [Judgment dated 20.3.2018 in Crl.A.No.416 of 2018] and submitted that extensive guidelines have been issued by the Apex Court taking note of the abuse of the provisions of the Act and it was held that there is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act, if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie malafide. Reliance was also placed onVilas Pandurang Pawar and Another v. State of Maharashtra [ AIR 2012 SC 3316 ] to bring home his point that a duty is cast on the court to verify the averments in the complaint and find out whether offence under the Act has been prima facie made out.

6. I have considered the submissions advanced.

7. I am of the view that necessary directions can be issued to the petitioners to appear before the court having jurisdiction and move an application for bail. The court below is directed to consider the same and pass orders taking note of the extensive guidelines issued by the Apex Court as above. If an application is filed, orders shall be passed expeditiously and on its merits on the same day itself.

This petition is disposed of.