John Lukose, S/o. Lukose v. Sub Inspector Of Police
2019-06-21
MARY JOSEPH
body2019
DigiLaw.ai
JUDGMENT : This appeal is preferred by the accused in Crime No. 436 of 2019 of Ayarkunnam Police Station against an order passed by Court of Sessions, Kottayam in Crl.M.P.No.1655 of 2019. Crl.M.P.No. 1655 of 2019 was an application filed under Section 438 Cr.P.C seeking pre-arrest bail. The appellant in the case on hand is the sole accused in Crime No. 436 of 2019 of Ayarkunnam Police Station. The crime was registered against him for offences punishable under Section 294(b) IPC and Section 3(1)(s) of Scheduled Castes/Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'SC/ST (PA) Act'). 2. According to Sri.Joseph T.John, the learned counsel for the appellant, the application seeking pre-arrest bail was dismissed by the Court below for the reason that bar under Section 18 of the SC/ST (PA) Act stands against grant of pre-arrest bail. According to him, the court below acted erroneously while doing so. 3. According to the learned counsel, the First Information Statement was lodged by the victim after two months of the incident and that delay itself is a sufficient reason to find that the case is a false and concocted one. 4. It may be true that there is a delay for lodging the First Information Statement to get the Crime in question registered. For the reason that the complaint was filed belatedly, the prosecution cannot be thrown aside. There may be cogent reasons explaining the delay and those could be brought out only during trial. 5. As rightly observed by the court below the bar under Section 18 of SC/ST (PA) Act operates against exercise of jurisdiction under Section 438 Cr.P.C. Section 18 reads : “Section 18.-Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.” 6. Section 18A was inserted into the Act by the Scheduled Castes/Schedule Tribes (Prevention of Atrocities) Amendment Act, 2018 (Act 27 of 2018). Section 18A stands against exercise of jurisdiction under Section 438 Cr.P.C, despite existence of any judgment or order or direction made by any court. Therefore, there is absolute bar under the SC/ST (PA) Amendment Act, 2018 against grant of pre-arrest bail.
Section 18A stands against exercise of jurisdiction under Section 438 Cr.P.C, despite existence of any judgment or order or direction made by any court. Therefore, there is absolute bar under the SC/ST (PA) Amendment Act, 2018 against grant of pre-arrest bail. The section was brought into the SC/ST (PA) Act with effect from 20.08.2018, which provides that: “(a) preliminary enquiry shall not be required for registration of a First Information Report against any person; or (b) the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply.” 7. In sub Section (2) of the Section, it is provided that: “Section 438 of the Code shall not apply to a case under this Act, notwithstanding any judgment or order or direction of any Court.” 8. In view of the absolute bar provided under Section 18 and reiterated under Section 18A of SC/ST(PA) Act, the relief sought is not liable to be granted. In the result, this Crl. Appeal stands dismissed in limine.