SUNIL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in Crime No.302/2014 of Erumapetty Police Station, Thrissur District. Offences alleged are under sections 376, 406 and 420 of IPC and section 3(1)(xii) of SC/ST (Prevention of Atrocities) Act. Apprehending arrest, this petition is filed for anticipatory bail.

(2.) A private complaint was filed by the complainant before the Judicial First Class Magistrate, Wadakkanchery. When it was forwarded to the Police, crime was registered showing the offences as mentioned above.

(3.) IN order to attract the bar under section 18 of SC/ST (Prevention of Atrocities) Act, the offence must have been committed on the ground that the complainant is a member of the Scheduled Caste/Scheduled Tribe, exploiting the social backwardness, the learned counsel for the petitioner further submits. It is pointed out that in the complaint, it is not stated that because the complainant is a member of the Schedule Caste, the accused prevailed upon her and did the act complained of and hence prima facie offence under the provisions of SC/ST (Prevention of Atrocities) Act is not attracted. That submission, to some extent, appears to be correct. So the bar under section 18 of the Act cannot come into operation so as to preclude this Court from exercising the power under section 438 of Cr.P.C.