NIYAS P.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) (1) Will an appeal lie on an order of dismissal of an application seeking anticipatory bail for an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?

(2.) Appellant is the second accused in Crime No. 970 of 2017 of the Chavakkad Police Station registered for the offences under S.341, S.323, S.324 and S.506(i) IPC r/w S.34 IPC and S.3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter called as 'the Act').

(3.) An application for anticipatory bail was filed by the appellant before the Court below under S.438 Cr.P.C. Based on the express statutory bar under S.18 of the Act, the learned Special Judge dismissed the application. Presently, an appeal has been preferred on the said order under S.14A(2) of the Act. The question to be considered is whether this appeal is maintainable.