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Judgment
Mary Joseph, J
This appeal is filed against an order passed by Special Court for SC/ST (POA) Act & NDPS Act Cases, Manathavady (for short ‘the court below’) on 30.05.2022 in Crl.M.C.No.19/2022.
Petitioners are accused Nos.1 to 3 in Crime No.270/2022 of Meppadi Police Station registered for offences punishable under Sections 448, 452, 323, 326, 506 and 427 r/w Section 34 of Indian Penal Code, 1860 (for short ‘IPC’) and Section 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST(POA) Act’). The application filed by them under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking for pre-arrest bail was dismissed by the court below for the reason of the bar incorporated under Section 18 of SC/ST (POA) Act against exercise of jurisdiction under Section 438 of Cr.P.C.
The learned counsel for the petitioners has contended that even if the allegations are taken as a whole, the offences under the SC/ST (POA) Act will not be attracted. According to her, the defacto complaint belongs to Kuruma community and no where in the F.I.S an allegation was raised that caste name Kuruma was called by the petitioners in public view. According to her, the petitioners and the defacto complainant have no previous acquaintance. Even if it is taken for granted that caste name was called and the defacto complainant was insulted in public view, it being not indicated from the allegations that those were done by the appellants with their knowledge of the caste of the defacto complainant, the offences are improbable to be attracted.
The learned Public Prosecutor has read the F.I.S in full. No where in the F.I.S allegations that the caste name was called or the defacto complainant was insulted in public view were found incorporated. This Court finds in the context that the court below is unjustified in holding that the bar under Section 18 of the SC/ST (POA) Act, will be attracted.
In the result, Crl.Appeal is allowed. The impugned order is set aside. Crl.M.C.No.19/2022 is allowed. The petitioners are enlarged on bail in the event of their arrest on execution by them of a bond for Rs.1,00,000/- each for the likesum to the satisfaction of the court below and subject to the following conditions :-
1) The appellants shall appear before the investigating officer for interrogation as and when required, in writing. They shall co-operate with the investigation of the case.
2) The appellants shall not influence the witnesses or tamper with evidence.
3) The appellants shall not repeat crimes of similar nature or crimes of whatever nature.
4) The appellants shall appear and co-operate with the proceedings of the case before the trial court after filling of a final report in the crime.
In case of violation of any of the above conditions, the Investigating Officer is at liberty to approach the court for cancellation of bail. The observations on merits made in this order are solely meant for the purpose of the case on hand.