Ajeesh A vs State Of Kerala
2021 Latest Caselaw 19138 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE MARY JOSEPH
    MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                        CRL.A NO. 580 OF 2021

  AGAINST THE ORDER PASSED BY THE SPECIAL JUDGE UNDER SC/ST (POA)
 ACT, ALAPPUZHA, DATED 26.08.2021 IN CRL.MP.NO.1606/2021 IN CRIME
   NO.661/2021 OF AMBALAPUZHA POLICE STATION, ALAPPUZHA DISTRICT.
APPELLANT/ACCUSED:

            AJEESH A.,
            AGED 35 YEARS,
            S/O. ASHOKAN, MURUGANADU, KARUMADI VILLAGE, AMAYIDA
            MURI, AMBALAPUZHA, P.O. ALAPPUZHA DISTRICT.

            BY ADVS.
            SRI.P.VINODKUMAR
            SRI.ASHOK AMMANCHY
            SRI.VIMAL KUMAR


RESPONDENTS/COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE STATION HOUSE OFFICER, AMBALAPUZHA
            POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM PIN:682 031.

    2       MRS. REMANI,
            AGED 39 YEARS,
            D/O. KESVASAN, KOCHUPARAMBIL HOUSE, AMBALAPUZHA (PO),
            ALAPPUZHA DISTRICT.


            BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH



     THIS   CRIMINAL   APPEAL    HAVING    COME   UP   FOR   ADMISSION   ON
    13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal No.580 of 2021

                                            2




                                  JUDGMENT

Dated this the 13th day of September,2021

This appeal is directed against an order passed by

Special Judge under the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 Alappuzha in

Crl.M.P.No.1606/2021 in Crime No.661/2021 of

Ambalappuzha Police Station, Alappuzha District.

Crl.M.P.No.1606/2021 is an application filed by the

petitioner/appellant under Section 438 of the Code of criminal

procedure (for short the 'Cr.P.C.') seeking for a direction to

the respondent to release him on bail in the event of his

arrest. The Special Judge has dismissed the application for

the reason that jurisdiction under Section 438 Cr.P.C is barred

under Sections 18 and 18A of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act,1989 (for

short 'the Act').

2. The FIS is produced as directed by this Court. The

allegations raised by the defacto complainant in the first Crl.Appeal No.580 of 2021

information statement are prima facie sufficient and

satisfactory to attract the offence allegedly committed by the

appellant under Section 3(1)(s) of the Act. Therefore,

invocation of jurisdiction under Section 438 Cr.P.C is barred

by the Act itself as rightly observed by the court below in the

impugned order.

The appeal fails for the reasons and is dismissed. The

learned counsel for the appellant submits that the appellant

intends to surrender and seeks for regular bail. There is no

bar for him in moving an application under Section 439

Cr.P.C. and in such an event, the court below shall pass

orders in accordance with law, at the earliest.

Sd/-

MARY JOSEPH JUDGE

MJL Crl.Appeal No.580 of 2021

APPENDIX

PETITIONER'S ANNEXURES:

     ANNEXURE A:            TRUE COPY OF THE F.I.R IN CRIME
                            661/2021 OF AMBALAPUZHA POLICE
                            STATION


     RESPONDENTS' ANNEXURES:          NIL



                                               /TRUE COPY/


                                               P A TO JUDGE